Tuesday, February 08, 2011

Jurisdiction key in Taiwan-Philippines deportation row: official

Taipei, Feb. 8 (CNA) Arguments on the jurisdiction over international crime syndicates will only increase in the future and it is an issue on which Taiwan needs to work, a senior diplomatic official said Tuesday amid the latest controversy between Taiwan and the Philippines.

"The competition of jurisdiction will definitely increase in a rapidly globalizing world. This case is a perfect example, " Matthew Lee, director-general of the Department of East Asian and Pacific Affairs, said in a press briefing.

Lee's remark referred to the dispute between Taiwan and the Philippines, which ignored Taiwan's demands and on Feb. 2 deported to China 14 Taiwanese and 10 Chinese suspects -- all of whom were arrested Dec. 27 last year on charges of cross-border fraud against Chinese nationals.

The Ministry of Foreign Affairs said after its efforts to have the Taiwanese suspects repatriated were rebuffed that Manila's handling of the cross-border fraud case was a "violation of the jurisdiction principle of nationality and its own legal procedures."

China had demanded that all 24 suspects in the case be deported to China because all their victims were Chinese.

The jurisdiction principle of nationality that Taiwan claimed is only one of many theories of jurisdiction in international law, as authorities can also claim jurisdiction based on the nationality of the victims, the country in which the crime took place, or mutual agreements to combat serious crime, Lee said.

Taiwan did not have a say in the case because it did not participate in the investigation, which was jointly carried out by China and the Philippines, Lee said.

However, Lee cited a similar case late last year in which none of the 18 Taiwanese suspects arrested Dec. 22 were deported to China because the case was a cooperative effort between the police authorities of Taiwan and the Philippines.

There was no dispute over jurisdiction in the Dec. 22 case because the Chinese authorities were not involved, he said.

The more recent case might have a positive effect in that it could set a precedent for future cases, he said. (By Chris Wang) ENDITEM/J