The SUN HK : 3 HK residents back home after being cleared of Ph drug convictions

Kwok Kam-wah, Lo Wing-fai, and Chan Kwok-tung (from second left to right) return to Hong Kong from the Philippines on Friday, January 6, 2023. Photo by the Democratic Party

Three Hong Kong residents who had been jailed for life in the Philippines for drug possession more than six years ago arrived home today, 11 months after being acquitted on appeal.

Lo Wing-fai, Kwok Kam-wah and Chan Kwok-tung were arrested with fellow HK resident, Leung Shu-fook, who lost his appeal against his conviction and was left behind to serve his sentence.

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Local media reports say the four were arrested while boarding a ship in the Philippines to travel to mainland China in July 2016.

“Philippine police arrested the four and claimed they discovered drugs in a backpack onboard, although news footage showed officers didn't find any drug after emptying the backpack,” RTHK reported.

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However, Philippine reports of the incident indicated that the four were arrested while on a fishing vessel, described as a floating shabu laboratory, in the municipal waters of Barangay Calapandayan, Subic, Zambales, in July 2016.

They were charged with possessing almost 470 grams of shabu (meth). The boat also housed a hydrogenator machine, which led to charges of drug manufacturing.

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The four were acquitted of making drugs after trial but were convicted of possession and sentenced to life imprisonment.

Three of them eventually suceeded in having their conviction overturned on February 23 last year by the Court of Appeals. Only Leung failed in his appeal because state agents said the seized drugs were found in his backpack.

Despite winning their appeal the three were not released immediately and were made to stay at a detention center run by the Philippine Bureau of Immigration for 10 months.

Their release on Jan. 3 coincided with the start of President Ferdinand Marcos, Jr.'s state visit to China.

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In a press statement, the freed men expressed belief that Leung is also innocent and that the Chinese and Hong Kong governments can continue to help Leung, so that he can be released soon and reunite with his family.

"We are infinitely grateful to the Central and SAR governments, the Foreign Ministry's office in Hong Kong, the Chinese Embassy in the Philippines, a former lawmaker, the press and those who were concerned about us and offer us donations in support," they said in a statement.

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The case had been the subject of appeals when then President Rodrigo Duterte visited Hong Kong in April 2018.

Their families had earlier staged a demonstration outside the Philippine Consulate General in Admiralty, accompanied by Democratic Party lawmaker James To Kun-sun.

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They claimed the men were innocent and the drug raid was a “set-up”, as they held up placards “welcoming” Duterte and demanding justice in a letter addressed to him, the SCMP said in a report of the incident.

It quoted consul Paulo Velasco Saret, who said: “The president will be coming here, and we will be the host of his visit, so we will ensure that [the letter] reaches his office.”

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Hong Kong’s secretary for security later wrote the Philippine consulate to reiterate its call on safeguarding the legal rights of the four Hong Kong residents and ensuring their proper treatment in jail.

This drew a reply from presidential spokesperson Salvador Panelo, who said: “We assure the public that no special treatment will be accorded to the four Chinese drug convicts as they serve their life sentence behind bars for operating a floating shabu laboratory in Subic.

“Similarly, we also give assurance to their families that they will be given proper treatment in prison, and they will be humanely treated in accordance with the Bill of Rights under our Constitution, as well as with appropriate Philippine laws and rules.”