Murder suspect whose alleged crime sparked Hong Kong protests walks free
Hong Kong (CNN)Protests in Hong Kong have affected everything from esports and the NBA to arguments about free speech on Australian university campuses and the US-China trade war. Chinese President Xi Jinping, Donald Trump and basketball star Lebron James have all been pulled in.
But as the global consequences of almost four months of unprecedented unrest continue to be felt, the story that started it all has slipped from the headlines. On Wednesday, one of the central players in that story walked free from a Hong Kong prison on minor charges, after authorities say he confessed to killing his girlfriend but, so far, avoided prosecution for it.
Chan Tong-kai was sentenced to prison by a judge in April 2019. Just over one year earlier, authorities say the then 19-year-old admitted to killing his girlfriend, 20-year-old Poon Hiu-wing, while the pair were in Taiwan. Poon would have been about 15 weeks pregnant at the time.
Though Chan was arrested in March 2018 and soon confessed to the killing, according to police, that wasn't why he was before a judge in April. Because Hong Kong and Taiwan have no extradition agreement, and do not usually provide cross-border legal assistance -- and because they couldn't prove the alleged murder was planned in Hong Kong beforehand -- prosecutors in the city were unable to charge Chan with murder. Instead, he was charged with the more minor offense of money laundering, in relation to cash and other valuables he stole from Poon after allegedly killing her.
Chan Tong-kai is transferred from court in April 2019 after being jailed for money laundering related offenses.
An attempt by Hong Kong's leader Carrie Lam to plug the extradition "hole" with Taiwan, and at the same time allow suspects to be sent to China and Macao, led to months of intense anti-government protests, which were initially sparked by fears the extradition law could be used to rendition critics of Beijing across the border to face trial.
Those protests show no signs of stopping, and have only grown more chaotic and violent in recent weeks. But on October 23, Chan -- whose lawyers did not respond to a request for comment -- walked free, after 19 months behind bars on the money laundering charges.
What happens to him now is unclear. The Hong Kong government said Chan has offered to hand himself in to Taiwanese authorities, but how that will exactly take place is hotly contested. Taipei said it had requested Chan be handed into its custody in Hong Kong, along with his alleged confession and other documents relating to the case, but Hong Kong has pointed out Taiwanese police have no authority to operate in the city.
"The authority of Taiwan has no law enforcement power in Hong Kong. Chan is Taiwan's wanted person and his surrender decision is voluntary," Hong Kong's government said in a statement Wednesday. "As he will be a free man after released from jail, the (Hong Kong) Government has no authority to impose any restrictive measures on him. He could go to Taiwan accompanied by persons of his choice. Upon arrival, the authority of Taiwan can arrest him."
Chan is currently a free man. Speaking outside Pik Uk Prison on Wednesday morning, he said that "I understand that because of my irreversible wrongdoing, I have caused huge pain."
"I am willing to pay the price for my impulsiveness and my wrongdoing, which is to turn myself in to the Taiwanese authority and serve my sentence there," Chan said. "I can only say I am sorry. I hope everyone will forgive me, give me a chance to give back to the society."
Over 200 arrested as violence escalates in Hong Kong02:14
Death at the Purple Garden Hotel
"She was a good daughter. In school, she was a good student," Poon Hiu-wing's mother told reporters in February. "What did she do to deserve this? Our family never imagined that such a horrible thing could happen to such a nice girl."
According to court documents, Poon and Chan met in July 2017.
On social media, Poon shared happy selfies of the two of them together. In one photo, she smiles at the camera, her eyes wide and her face framed by long, dark hair. She's holding Chan's arm as he stares into the camera, his bowl cut hair hiding his eyebrows. He has big ears which stick out from his hair, and a large birthmark under his left nostril.
Murder victim Poon Hiu-wing. Poon was five months pregnant when she was killed by her boyfriend Chan Tong-kai in Taiwan in February 2018.
In February 2018, the couple took a holiday to Taiwan. Before they left for Taipei, Poon wrote on Facebook that Chan had described her as "his first and last girlfriend."
Surveillance footage from the Purple Garden Hotel, verified by Taiwanese authorities, shows the couple returning soon after midnight on February 17. Chan is walking in front, carrying a large, apparently empty, pink suitcase with one hand. Poon follows a short distance behind him.
According to Chan's confession, as presented in court, that suitcase would be central to what happened next. In a WhatsApp message to her mother, authorities say Poon said they'd be returning to Hong Kong later on the 17th. But while they were packing in the early hours of the morning, they started arguing.
The spat soon turned into a blazing argument. According to Chan's confession, cited in court, Poon told him she was pregnant by her ex-boyfriend, not him. He says she then showed him a video of her having sex with another man.
That's when the situation escalated, the court heard -- Chan hit Poon's head against the wall of their hotel room and began strangling her from behind with both hands. They fell onto the floor, where they struggled for about 10 minutes until Poon was dead.
Confronted with the corpse of his pregnant girlfriend, Hong Kong officials say Chan turned again to the suitcase. He stuffed Poon's dead body into the pink case, folding her near in half to make her fit. He then threw her belongings into four plastic bags, according to court documents, and went to sleep.
At 11:25 a.m. on February 17, surveillance footage shows Chan leaving the hotel alone. He's lugging a now apparently very heavy pink suitcase behind him, and it moves awkwardly over the cobbles on the street outside. He has a baseball cap pulled lower over his head, and a black mask over his face.
He disposed of Poon's belongings in various trash bins near the hotel, according to court documents, and then dragged the suitcase to a nearby subway entrance. From Zhongshan station, Chan rode the red line north for 15 stops to Zhuwei station on the outskirts of Taipei, according to Taiwanese state media. There he started looking for a place to dump the body, eventually settling on a park, where he clumsily hid her in some bushes, Taiwanese police say.
Before he disposed of her belongings, authorities say Chan took Poon's iPhone, her digital camera and an HSBC ATM card. Prosecutors say he immediately withdrew the equivalent of about US$700, with plans to go on a shopping spree, but changed his mind and caught his flight back to Hong Kong. There he further withdrew the equivalent of about $2,400 from Poon's account, and deposited it to his credit card, according to authorities.
While authorities say Chan was enjoying Poon's money, her parents were growing increasingly frantic. Poon hadn't told them she was traveling with a boyfriend, but her mother found a copy of Chan's Taiwan Entry and Exit Permit at Poon's apartment, the court heard in April. On March 5, she filed a missing person report to police in Taiwan, and just over a week later they discovered Poon's now decomposing corpse in the Zhuwei park.
Chan was brought in for questioning by Hong Kong police, and he admitted to murdering Poon and hiding her body, prosecutors say.
Police fire blue dye toward protesters in Hong Kong on Sunday, October 20. Blue dye can be used to stain and identify masked protesters.
Protesters set fire to a shop on October 20.
Police charge during a pro-democracy march in the Kowloon district on October 20.
Protesters scatter as tear gas fills a street in Hong Kong on October 20.
A protester sets fire to a Bank of China branch on October 20.
A pro-democracy protester is arrested by police on October 20.
Pro-democracy lawmakers protest as Hong Kong Chief Executive Carrie Lam delivers a speech at the Legislative Council on Wednesday, October 16. Lam's annual policy address ended in chaos as pro-democracy lawmakers repeatedly disrupted her speech and heckled her with calls to honor the demands of anti-government protesters.
Lam arrives at the Legislative Council on October 16.
A protester shoots a basketball at a poster of Lam during a rally on Tuesday, October 15.
Protesters set fire to a Bank of China branch on Sunday, October 13. It was the 19th consecutive weekend of anti-government protests in Hong Kong.
Protesters use the lights on their phones during a rally in central Hong Kong's business district.
A protester attempts to break a tourist bus window on October 13.
Protesters wearing masks in defiance of a recently imposed ban gather at a shopping mall on October 13.
Anti-government protesters set up "The Lady Liberty of Hong Kong" statue, which symbolizes the city's recent democratic movement. The figure stands a little over 13 feet tall and was carried in pieces to the top of Lion Rock, one of Hong Kong's iconic peaks.
Protesters vandalize a shopping mall restaurant on October 13.
Supporters surround a police bus carrying political activist Edward Leung as it leaves the High Court in Hong Kong on Wednesday, October 9. Several hundred masked protesters gathered at Hong Kong's High Court for the appeal hearing of Leung, who was sentenced to six years in prison for his part in a violent clash with police.
Police shine lights at protesters outside the Ma On Shan police station on October 9.
Protesters smash up a Bank of China branch on Monday, October 7.
A woman is treated after police fired tear gas to disperse protesters in the Mong Kok district of Hong Kong on October 7.
Police clear a street as protesters and pedestrians gathered near the Mong Kok police station on October 7.
Pro-democracy protesters gather in a shopping mall on October 7.
A masked protester stops for a portrait in Hong Kong on Sunday, October 6.
Protesters vandalize the Cheung Sha Wan local government offices on October 6.
Rescue personnel check the bottom of a taxi after the driver allegedly drove onto the pavement, hitting protesters in Hong Kong on October 6.
A China Construction Bank is seen vandalized in the Causeway Bay area of Hong Kong on October 6.
Pro-democracy protesters set fires in the street in the Causeway Bay area.
People protest the ban against masks on Saturday, October 5.
Police detain a protester on October 5.
An anti-government protester stands near a fire on Friday, October 4.
Protesters move a statue depicting a protester armed with gas mask, helmet and umbrella on the streets of Hong Kong on October 4.
Protesters set a fire at a China Construction Bank.
Police deploy tear gas outside a restaurant during a protest in the Causeway Bay district.
Protesters spray paint slogans at the entrance to a tunnel on October 4.
A fire is seen in front of a store vandalized by protesters.
A store after being vandalized by protesters.
Pro-democracy demonstrators hold up their hands to symbolize their five demands during a rally on October 4.
Protesters throw petrol bombs at the gate to the Tsuen Wan police station on Wednesday, October 2.
Schoolmates of a student who was shot in the chest by police place their hands on their chests during a protest on October 2.
A young protester was shot Tuesday, October 1, as violent protests erupted across Hong Kong on the 70th anniversary of the People's Republic of China. The incident marked a major escalation in violence that could galvanize the protest movement in Hong Kong.
Police detain an anti-government protester on October 1. Thousands of black-clad protesters marched in central Hong Kong as part of multiple pro-democracy rallies.
Protesters stand surrounded by smoke from tear gas shells on October 1.
Marching anti-government protesters are seen through a window with peeled-off posters on October 1.
Police tackle and arrest pro-democracy protesters during clashes on October 1.
A protester is seen carrying rocks on a street on October 1. While events in Beijing were being held to mark the 70th anniversary of the founding of the People's Republic of China, demonstrators rallied throughout Hong Kong.
Protesters react after police fired tear gas near the central government offices in Hong Kong's Admiralty area on October 1.
Pro-democracy protesters form a "Pepe the Frog" themed human chain on Monday, September 30.
A man is detained by Hong Kong police during a protest in the Causeway Bay shopping district on Sunday, September 29.
Riot police try to disperse protesters on September 29.
Bus passengers look at a burning barricade lit by pro-democracy protesters in front of the Mong Kok police station on Sunday, September 22.
Pro-democracy protesters sing songs and chant slogans during a rally inside a shopping mall on September 22.
An anti-government protester throws a Molotov cocktail during a demonstration near the Central Government Complex on Sunday, September 15.
A pro-China supporter, center, is escorted by police after confronting journalists in Hong Kong on September 15.
Pro-government and anti-government supporters chant against one another at a shopping mall in Hong Kong on Friday, September 13. The sign translates to "Stop violence and curb chaos; safeguard Hong Kong."
Demonstrators hold up their cell phone lights as they form a human chain at the Peak, a tourist spot in Hong Kong, on September 13.
Police escort an injured man after he attacked protesters outside Prince Edward station in Hong Kong on Friday, September 6.
Protesters burn paper money to pay their respects to injured protesters.
Protesters prepare to clash with police outside the Mong Kok police station on September 6.
A protester is detained by police at the Po Lam Mass Transit Railway station on Thursday, September 5.
A man watches televisions at a store in Hong Kong as Chief Executive Carrie Lam announces the withdrawal of the extradition bill on Wednesday, September 4.
A woman gets emotional on September 4 while paying her respects to protesters who were injured a few days earlier.
Demonstrators travel through a railway station during a rally on Tuesday, September 3.
Students wearing gas masks and helmets hold a banner that reads "five major demands are indispensable" at St. Francis' Canossian College in Hong Kong.
Protesters gather in the bus terminal at Hong Kong International Airport on Sunday, September 1. Hundreds of pro-democracy activists attempted to block transport routes to the city's airport.
A passenger walks to the airport on September 1 as pro-democracy protesters blocked a road outside the airport.
A protester uses a slingshot outside the Central Government Complex during clashes with police on Saturday, August 31. Thousands of pro-democracy protesters held an anti-government rally one day after several leading activists and lawmakers were arrested in a sweeping crackdown.
Protesters light a Molotov cocktail on August 31.
Police officers move forward during clashes with protesters on August 31.
Protesters take cover as policemen fire blue-colored water on them. Blue dye can be used to stain and identify masked protesters.
A surveillance camera is covered with white paint during protests.
An overhead view shows protesters reacting after police fired tear gas on August 31.
Pro-democracy activists Agnes Chow and Joshua Wong speak to the media after they were released on bail at the Eastern Magistrates Courts on Friday, August 30. They were arrested earlier the same day in a dragnet across Hong Kong.
Protesters clash with police after a rally in Hong Kong's Tsuen Wan district on Sunday, August 25. It was one of the most violent nights seen in Hong Kong since mass protests began in June.
A police officer aims a gun in front of a protester on August 25.
Some protesters shine laser pointers at police lines on August 25.
Protesters and police clash on Saturday, August 24.
Protesters pick up bricks to be used as projectiles on August 24.
Police retreat after clashing with protesters on August 24.
People link hands as they gather at the Tsim Sha Tsui waterfront on Friday, August 23. Protesters formed a human chain across Hong Kong in a show of solidarity.
Cell phones shine from the top of Lion Rock on August 23.
Protesters march under umbrellas on Sunday, August 18.
Tens of thousands of protesters showed up in the streets on August 18.
A protester participates in a march on Saturday, August 17. His eye is covered with red gauze, referencing a woman who was allegedly shot in the eye with a beanbag round during clashes between protesters and police.
Protesters react after police fired tear gas to disperse a demonstration at the Sham Shui Po police station in Hong Kong on Wednesday, August 14.
Protesters point lasers at the Sham Shui Po police station on August 14.
A police officer falls over an airport luggage trolley during a scuffle with pro-democracy protesters on Tuesday, August 13. For two days, protesters flooded the airport. Check-ins were suspended and dozens of outgoing flights were canceled.
Police use pepper spray to disperse protesters at the airport on August 13.
Police and protesters clash at the airport on August 13. The violence came after Hong Kong's Airport Authority announced that all check-in services would be suspended for another night because of terminal operations being "seriously disrupted."
A traveler passes her luggage to security guards as she tries to enter the departures gate.
A display board shows canceled flights on August 13.
Anti-government protesters stand at a barricade made of luggage trolleys during a demonstration at the airport on August 13.
Medics look after a woman who received a facial injury during clashes on Sunday, August 11.
A pro-democracy protester is held by police outside the Tsim Sha Tsui police station on August 11.
Police fire tear gas at protesters during a demonstration in the Wong Tai Sin District on Monday, August 5.
A train passenger gestures toward a protester, right, who was preventing the doors of a train from closing on August 5. The protester was trying to disrupt Hong Kong's morning rush-hour commute.
A man lies down on an underground train during a protest on August 5.
A man comforts his pregnant wife near a train platform after protesters blocked the train doors on August 5.
A protester stands in tear gas during a confrontation with police in the early hours of Sunday, August 4.
A Chinese flag floats in water after it was thrown by protesters during a demonstration on Saturday, August 3.
A protester sprays paint on a wall on August 3.
Members of Hong Kong's medical sector attend a protest in Edinburgh Place on Friday, August 2.
The emblem on the China Liaison Office is protected by plexiglass during a demonstration on Sunday, July 28.
A protester flees from baton-wielding police in the Yuen Long district of Hong Kong on Saturday, July 27.
A protester looks through umbrellas during the clashes with police on July 27.
Travelers watch as protesters rally at Hong Kong's international airport on Friday, July 26.
Protesters clash with police on Sunday, July 21.
Masked men in white T-shirts are seen after attacking anti-extradition bill demonstrators at a train station in Yuen Long.
Medical workers help a protester affected by tear gas on July 21.
The office of pro-Beijing lawmaker Junius Ho was trashed by protesters in Hong Kong's Tsuen Wan district.
Police officers use pepper spray to disperse protesters after a rally in the Sheung Shui district on Saturday, July 13.
A demonstrator sprays paint inside a chamber at Hong Kong's Legislative Council building, where protesters forced their way in on Monday, July 1.
The meeting hall of the Legislative Council is taken over by demonstrators on July 1.
A protester smashes a window of the Legislative Council building.
Columns of sunlight are cast on a crowd during the march on July 1.
Helicopters carrying the flags of China and Hong Kong fly over demonstrators on July 1.
Pro-democracy lawmaker Roy Kwong rallies demonstrators with a megaphone on July 1.
A police officer uses pepper spray during a clash with protesters on July 1.
A protester wearing a T-shirt with the word "revolution" walks past an inscription on a road that reads "Long Live HK."
Police detain protesters near the government headquarters in Hong Kong on July 1.
An overhead view shows thousands of protesters marching through a Hong Kong street on Sunday, June 16.
Protesters run after police fired tear gas on Wednesday, June 12.
Protesters face off with police during the rally on June 12.
By the morning of June 12, tens of thousands of mainly young people had arrived in the area, blocking streets and bringing central Hong Kong to a standstill.
A demonstrator holds a sign during the June 12 rally.
Police officers charge toward protesters during clashes on Monday, June 10. It was a continuation of protests that started the day before.
Protesters hold pictures of Hong Kong Chief Executive Carrie Lam on Sunday, June 9.
Protesters on June 9 waved placards and wore white -- the designated color of the rally. "Hong Kong, never give up!" some chanted.
Students wear chains during a demonstration on Saturday, June 8.
Extradition woes
Chan had admitted to the crime, and he'd been caught spending Poon's money, according to authorities. But police could not prove that he had planned the alleged murder in Hong Kong, meaning authorities in the city had no jurisdiction over it.
Taiwanese prosecutors issued a warrant but without an extradition treaty, there was little chance of Chan being sent to Taiwan.
Hong Kong officials have described the lack of an extradition agreement with mainland China as a hole, but a British official who worked on the agreement to hand over the city to Chinese control in 1997 said the building of a firewall with China's legal system was deliberate.
"The UK made a conscious decision to create a clear divide between the two systems so that the rule of law remains robust," former British foreign secretary Malcolm Rifkind wrote in June.
Decoding the China-Taiwan relationship02:24
"The question of having a comprehensive arrangement for rendition, sending fugitives to mainland China, has been under discussion for more than 20 years, and of course got nowhere," former Hong Kong lawmaker Emily Lau told CNN. "And the reason, the main reason, is that Hong Kong and mainland China have two very different legal systems, and we cannot guarantee, and nobody can guarantee, that anyone sent to mainland China, would get a fair trial, because what they have there."
According to Washinton-based watchdog Freedom House, China lacks an independent judiciary and fails to protect the right to due process. The conviction rate in China has been widely estimated to be around 98%.
Demonstrations began over the extradition bill in April, and hundreds of thousands of people turned out to protest it on June 9. When the Hong Kong government pressed ahead, tens of thousands of protesters successfully blocked the city's legislature from holding a second reading, and in June, Lam agreed to suspend it, but not fully withdraw it.
By the time she did announce its withdrawal, in September, it was too late: the protest demands had sprawled and the unrest -- by then in its fourth month -- showed no sign of stopping.
As far as the Hong Kong legal system is concerned, now that he's left prison, Chan is a free man.
Last week -- after lobbying by lawmakers and religious figures -- Chan told the Hong Kong government he would hand himself over to Taiwanese authorities, willing to face justice on the island. This apparent solution was thrown into doubt, however, when Taipei raised concerns about accepting his surrender without full judicial cooperation from Hong Kong, including handing over evidence against Chan.
"The homicide case took place in Taiwan. The body of the deceased, key witnesses, exhibits and relevant evidence were all in Taiwan. Without doubt, Taiwan has jurisdiction over this offence," Hong Kong's government said Wednesday. "Now that Chan is willing to surrender, Taiwan should receive him, and initiate interrogation, evidence gathering and prosecution on him. Regarding the relevant evidence in Hong Kong, apart from those voluntarily brought with Chan, for other evidence, Hong Kong will, under the legal framework and following the procedures, provide all necessary assistance."
Poon's parents have called again and again for justice to be done, but there's not really anything more they can do. Lam has said over and over that the extradition bill is dead. Whether there is another way to send Chan to face justice for his alleged crime remains to be seen.
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