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Further information on EXTRA 08/94 (ASA 27/01/94, 11 February) - Macao: death penalty: Antonio Ti Luo, Yeung Yuk-leung (new name)

, N° d'index: ASA 27/002/1994

The Macao Supreme Court, at a hearing on 1 March, denied the People's Republic of China's request for the extradition of Antonio Ti Luo, an ethnic Chinese national of Bolivia. However the same court accepted in principle the extradition to China of Yeung Yuk-leung, a Hong Kong resident, who faces investigation for the murder of a woman in Guangdong province in 1990. There is concern that he may not be able to present an adequate defence and obtain a fair trial, and may face the death penalty. His case will be considered by the Macao authorities within the next five days.

EXTERNAL (for general distribution) AI Index: ASA 27/02/94
Distr: UA/SC
1 March 1994
Further information on EXTRA 08/94 (ASA 27/01/94, 11 February 1994) - Death
Penalty
MACAU: Antonio Ti Luo
new name: Yeung Yuk-leung, aged 35
The Macau Supreme Court, at a hearing on 1 March, denied the People's Republic
of China's request for the extradition of Antonio Ti Luo, an ethnic Chinese
national of Bolivia. Amnesty International welcomes this decision as it
believed that Antonio Ti Luo faced a high risk of unfair trial and execution
for alleged economic offences if returned to China.
However, the same court accepted in principle the extradition to China of Yeung
Yuk-leung, a Hong Kong resident, who is suspected of murder by the Chinese
authorities. Amnesty International is concerned that, if returned to China,
the 35-year-old, who faces investigation for the murder of a woman in Guangdong
province in 1990, may not be able to present an adequate defence and obtain
a fair trial in accordance with international standards, and may be sentenced
to death and executed.
It is believed that an appeal against the court's decision on Yeung Yuk-leung's
case will be considered by the Macau authorities within the next five days.
The Macau branch of China's official news agency, Xinhua (which acts as the
Chinese Government representative in Macau), reportedly informed the Supreme
Court that Yeung Yuk-leung would not be executed. The status of this assurance
is unclear, and Amnesty International is concerned that it may not be binding
on China's prosecution authorities.
BACKGROUND INFORMATION
There is no extradition treaty between China and Portugal, which administers
Macau. Under Portuguese presidential Decree-Law 437/75 of August 1993,
extradition requests may be refused by Portuguese authorities in certain
circumstances, including if there are no guarantees that the judicial process
in the country of extradition will be conducted in accordance with international
standards; and if the defendant is at risk of being sentenced to death.
In 1993, according to figures compiled by Amnesty International mainly on the
basis of published information, at least 2,100 people have been sentenced to
death, and at least 1,400 were executed in China. Trial procedures in China
fall far short of international standards for fairness, and defendants in death
penalty cases have virtually no chance of presenting an adequate defence. The
death penalty has not been used in Macau since the 19th Century.
FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and
airmail letters either in English or your own language:
- welcoming the decision of the Macau Supreme Court not to extradite Antonio
Ti Luo to China;
- expressing concern that Yeung Yuk-leung, whose extradition to China was
granted by the Supreme Court, may face an unfair trial and execution if returned
to China, and urging the Macau authorities to give favourable consideration
to his appeal to reverse that decision;
2
- requesting information about the nature of any assurances received by the
Macau authorities concerning the investigation of Yeung Yuk-leung's case in
China.
APPEALS TO:
1) Macau Governor
Governador General Vasco Rocha Vieira, Government Palace
Rua da Praia Grande, Macau
Faxes: + 853 972746
Telegrams: Governador General Vieira, Macau
Telexes: 88201
Salutation: Dear Governor
2) Macau Deputy Procurator General
Procurator General Adjunto Dr Rodrigo Leal de Carvalho
Address, faxes and telexes as above
Telegrams: Procurator General Leal de Carvalho, Macau
Salutation: Dear Deputy Procurator General
3) President of Portugal
Exmo Sr Presidente, Mario Alberto Nobre Lopes Soares
Palacio de Sao Bento, Lisboa 3
Portugal
Faxes: + 351 1 363 6603
Telegrams: Presidente Soares, Lisbon, Portugal
Salutation: Dear President
COPIES OF YOUR APPEALS TO:
Chief Secretary's Office
Hong Kong Government Secretariat
Central Government Offices
Lower Albert Road
Hong Kong
and to diplomatic representatives of Portugal accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.

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