ABSTRACT

The literature on legal issues in Hong Kong and China cross-border crime is sparse and mostly in Chinese. As early as 1986, Prof. Chen from Hong Kong University Law Faculty first raised the issue of a possible conflict of jurisdictional issues in criminal law between the People's Republic of China (PRC) and Hong Kong Special Administrative Region (HKSAR) in cross-border crime cases. The HKSAR government's legal position is more clearly stated in a public statement issued by the Government Information Centre on November 11, 1998, entitled: "Government clarify court's jurisdictional authority over Cheung Tse-keung and Li Yuk-fai". In a press conference held in Guangzhou, the presiding judge in the "Big Spender" case, Shi Anqi, made clear that the Guangzhou courts had jurisdiction in trying the case since all of the defendants, including Cheung Tse-keung, had either committed a crime in China. Each sovereign authority has undisputed jurisdiction over a crime committed within its territory.