Vancouver Province – Wed, 20 Jul, 2011
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- Immigration board orders Chinese fugitive to be released
A Chinese fugitive who has been fighting deportation from Canada for over a decade is a free man today.
Lai Changxing was ordered released from custody Wednesday by an immigration official in Vancouver who determined he wasn’t a high flight risk.
He still faces possible deportation as early as July 25, which will be decided by federal court starting Thursday
Adjudicator Geoff Rempel said Lai’s risk of flight could be mitigated by placing him under terms and conditions.
What those will be and whether CBSA lawyers will appeal the decision remains to be seen.
Rempel said CBSA lawyers did not provide “clear and compelling” evidence that Lai posed a strong flight risk.
Rempel noted that over the years, Lai has consistently shown up for both refugee hearings and generally reported as required to CBSA officers.
Rempel rendered his decision without hearing Lai’s lawyers’ submissions.
One of the central arguments Canadian Border Services Agency (CBSA) lawyers made during the two previous days in the hearing was that Lai posed a “high” flight risk.
They said because of his alleged connections with the Chinese underworld in B.C., he could easily get false travel documents which would enable him to flee the country.
Speaking in Mandarin to reporters prior to today’s hearing, Lai reportedly said he would respect the court’s decision, whatever it may be.
To back up their assertion, CBSA lawyers called a police witness, a Vancouver detective with decades of experience investigating Asian gangs in Canada, who testified to Lai’s alleged ties to criminal groups and activity.
But Rempel said in his reasons for decision Lai couldn’t have known the people he associated with were gang members or criminals.
“It would be unreasonable to expect Mr. Lai . . . to stop associating with any adults of Asian ethnicity,” Rempel said. “How is Mr. Lai to know . . . unless someone tells him.”
His comments echoed last week’s hearing decision by Leeann King, who ultimately said Lai should be released.
Rempel noted Lai has never been criminally charged, much less convicted of a crime in Canada.
He also said there has not been any evidence showing Lai has sought fake travel documents to flee.
When Lai was last at imminent risk for deportation in 2006, Rempel said even then he didn’t flee.
Lai entered Canada in 1999 after he stood accused of running a $10 billion importation racket in the Chinese city of Xiamen.
Up to 15 others implicated in the scheme have reportedly been put to death since.
Lai has been fighting a lengthy and complex court battle against deportation for 12 years.
During that time, it has been alleged Lai was involved with an illegal gaming operation in Richmond and that he associated with known Asian gangsters of the Big Circle Boys.
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