The Security Bureau is concerned about safeguarding the legal rights of Hong Kong residents being detained in the Mainland. Progress on referrals made to the Mainland authorities is reviewed regularly while the Immigration Department keeps close contact with concerned family members.

The Legislative Council Panel on Security will discuss today assistance to Hong Kong residents detained in the Mainland.

In a paper submitted to the panel, the Security Bureau noted under the 'one country, two systems' principle, Hong Kong does not interfere with the Mainland's law enforcement and judicial process, and Mainland authorities do not interfere with Hong Kong's law enforcement and jurisdiction.

Hong Kong residents who are being detained in the Mainland for suspected criminal offences should be dealt with and their rights protected in accordance with the relevant laws in the Mainland.

When requested, practical assistance will be rendered in accordance with the existing mechanism to Hong Kong residents being detained in the Mainland or their family.

421 cases resolved

From July 1, 1997, to the end of April, Hong Kong has received 503 requests for assistance, involving 510 people, relating to Hong Kong residents being detained or serving sentence in the Mainland.

Among the cases, 421 have been resolved or the people concerned did not require assistance from the Government, including 285 people who have been released and returned to Hong Kong.

The Immigration Department is taking follow-up action on 82 cases involving 82 Hong Kong residents. Of these, 57 people are under detention, on trial or bail in the Mainland while the remaining 25 are serving prison sentences.

The Reciprocal Notification Mechanism between Hong Kong and the Mainland was implemented on January 1, 2001, on the basis of mutual respect for the relevant laws of both sides. Its coverage was expanded on June 1, 2003, after a review.

As at the end of April, a total of 3,211 notifications have been made by the Mainland Notification Unit involving 2,439 Hong Kong residents. Among them, 2,254 people are subject to compulsory measures and 185 were dead.

Cases relating to the imposition of compulsory measures are mostly related to fraud and smuggling offences. The offences were mainly committed in Guangdong, although some cases took place in other provinces or cities.