Fugitive at risk after surrender to China
Arrests suggest China reneging on fair-trial vow
[The Chinese government] is burning their bridges
After hiding out for eight years in the Vancouver suburbs, accused fraudster Gao Shan’s unexpected surrender to Chinese authorities has sparked an immediate government crackdown on his alleged accomplices, fueling speculation China is reneging on earlier promises the fugitives would receive a fair trial.
“Now that they have [Gao Shan] back, I guess that means that they’re willing to throw other people under the bus,” said Doug Cannon, lawyer for brothers Li Dong Zhe and Li Dong Hu who are accused of masterminding a $150-million embezzlement ring with Mr. Gao.
Chinese officials say Mr. Gao, a former manager with the Bank of China branch in Harbin, northern China, conspired with the Lis to siphon cash from corporate accounts. When the trio were alerted to the impending charges in late 2004, all three fled to Vancouver.
The Li brothers returned voluntarily to China last year, after striking a deal with consular officials they would be spared torture and capital punishment.
“They took a chance ... and everything seemed to be going well until the day Gao Shan returned,” said Mr. Cannon.
Within hours of his flight touching down in Beijing, members of the Li family were arrested, with one being “beaten in custody,” said Mr. Cannon, citing Chinese sources who wished to remain anonymous.
Li Dong Hu now faces added charges of extortion, which the lawyer called “undoubtedly a fabrication.”
“The very treatment they’ve received and some of their family members have received immediately upon Gao Shan’s return tells me that even Gao Shan’s in danger,” Mr. Cannon said.
Unlike the Lis, Mr. Gao struck no deal with Chinese authorities before his return, said his Vancouver-based lawyer, Alex Ning.
“There was no pressing reason why he had to go back, as far as his Canadian residency was concerned,” he said.
Mr. Gao continues to insist he is innocent, a plea that would seemingly be confirmed by his modest Vancouver lifestyle. Supported mostly by his wife’s wages as a childcare worker, at the time of his return to China Mr. Gao was working as an unskilled handyman for a Vancouver construction company.
Regardless, the 47-year-old likely faces a hefty prison term for dereliction of duty. His chances for a lenient sentence are compounded by his portrayal by Chinese media as a corrupt government official.
Mr. Ning maintains he has no concerns for Mr. Gao’s physical safety.
Reneging on judicial promises would not be out of character for Beijing, said David Matas, a prominent Winnipeg immigration lawyer.
“There are situations where the Chinese government makes representations for the purposes of getting somebody back, and then goes back on [those promises],” he said.
In 2000, Canada deported Fang Yong, a Chinese man accused of defrauding a local bank of the equivalent of $290,000. Although Canadian immigration officials decided Mr. Fang did not face any risk of execution, the 36-year-old was handed a death sentence soon after his arrival.
A nearly identical situation had played out several years earlier with a Chinese fugitive deported from Thailand.
The most notable exception is Mr. Matas’ client, Lai Changxing, leader of a $7-billion Chinese smuggling ring once dubbed “China’s most wanted man.”
Mr. Lai was deported by Canada last summer, and, as promised, was given life in prison rather than execution. However, he is in the rare position of having his safety backed by high-level diplomatic assurance.
If the Li brothers had not returned voluntarily, they could likely have stayed in Canada indefinitely, thanks to a 2008 immigration ruling they would probably face a “risk to life” and “risk of torture” on their return.
Mr. Cannon said the recent developments in the Li case only fortify foreign refugee claims, hindering China’s ability to round up economic criminals who flee abroad.
By some Chinese estimates, such fugitives have made off with more than $70-billion.
“[The Chinese government is] burning their bridges, which is a surprising development, because they had a very good opportunity to show the world that they have the ability to treat people fairly,” said Mr. Cannon.
Since Mr. Gao’s return was announced by the Chinese Ministry of Public Security this week, Chinese media have been camped outside his North Vancouver home, where his wife, Li Xue, still lives.
On Wednesday, Ms. Li told the state-owned China News Service her husband’s return was entirely voluntary.
“Gao thought for a long time before he decided to return to China to confess to his crime,” she said.
“He just said that it’s time to face everything that happened in the past.”