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Saturday, October 02, 2004
Can’t extradite shabu ‘brains’ yet
By GARRY CABOTAJE & ROSE O. VERSOZA
Sun.Star Staff Reporters
GOVERNMENT authorities may have a hard time bringing Chinese-Filipino Calvin de Jesus Tan back to the Philippines as the alleged big-time drug financier will have to face trial first before the Hong Kong court.
Also, Hong Kong’s policy prohibiting the imposition of death penalty is another stumbling block for the 29-year-old Tan’s immediate deportation, Rep. Antonio Cuenco (Cebu City, south district) said yesterday.
Those found guilty under the Philippine drugs law is meted with death penalty.
Tan, who has been tagged as mastermind of one of Asia’s biggest drug rings and financier of a shabu laboratory in Mandaue City, will be arraigned in a Hong Kong court today for illegal possession of dangerous drugs.
He was arrested Thursday at a ferry terminal about to leave for Macau. He was caught carrying $820,000 in US and Hong Kong notes and illegal drugs such as shabu, cocaine and Ketamine.
Lawmen reportedly found in his possession a number of passbooks bearing deposits totaling $11 million.
Tan, whose Manila address is at 2204-A Escolta Twin Towers, Manila, used aliases Lin Chui Wi, Joey Ng and Joey Lin. His birthplace is in Cabanatuan City as shown in his Philippine passport.
Rep. Roque Ablan (Ilocos Norte, 1st district), House committee chairman on dangerous drugs, will fly to Hong Kong today, bringing with him copies of the charges filed against Tan and 11 arrested “shabu makers” in Mandaue.
Cuenco said the head of the Philippine General Consulate’s Office in Hong Kong will attend Tan’s arraignment to oppose his motion that he be granted bail.
Channels
“We can’t be sure yet if he (Tan) can be turned over immediately. But we will have to use the diplomatic channels to expedite his deportation to the Philippines,” said Cuenco, House committee chairman on foreign affairs committee.
The Philippines has an extradition treaty with China. It also has an agreement with Hong Kong for the surrender of convicted and accused persons, which the Senate ratified “to resolve numerous cases of Filipino fugitives evading criminal prosecution by using Hong Kong as a transit point.”
Cuenco said he will also ask the Department of Foreign Affairs to cancel the Philippine passport of Tan to hasten his return.
Tan was charged before the Mandaue City Regional Trial Court along Allan Yap Garcia, Joseph Yu, Joseph Lopez and eight others foreigners, all of Chinese descent, for violations of Republic Act 9165, The Comprehensive Dangerous Drugs Act of 2002.
About P1.3 billion worth of shabu, chemicals and lab equipment were seized during a raid on a warehouse compound in Umapada last Sept. 24.
The Mandaue City prosecutors see nothing wrong with amending the information to include Tan, saying he can file for reconsideration within five days from Thursday.
Sufficient
“That (the filing of amended information) is our shared view since there is evidence linking him to the shabu laboratory. There is sufficient basis to include Calvin Tan,” said Assistant City Prosecutor Felixberto Geromo.
He said the absence of preliminary investigation will not strip the court of jurisdiction over the matter.
City Prosecutor Ferdi-nand Peque, Assistant City Prosecutor Bienve-nido Mabanto Jr. and Geromo will prosecute the case together.
Peque said he has not received any word or directive from the Department of Justice for any special handling of the case.
Three major law enforcement agencies are now zeroing in on the drug suspects’ local contacts, who allegedly include a Cebu-based Chinese-Filipino trader.
National Bureau of Investigation (NBI) 7 Chief Reynaldo Esmeralda said he already shared the personal background of this local businessman to the Philippine Drugs Enforcement Agency and the Regional Anti-Illegal Special Operations Task Force in a recent multi-agency case conference.
The NBI 7 got reports that the trader had been seen in the company of Garcia, said to be the group’s purchaser.
Meanwhile, 10 of the 11 suspects filed a motion asking the court to direct the City Pro-secutor’s Office to conduct a preliminary investigation.
Public Attorney’s Office Chief Noel Anthony Maninang filed the motion in behalf of Yu, 41; Hung Chin Chang, 40; Siew Kin Weng, 25; Liew Kam Song, 40; Lin Li Ku, 35; Bao Xiafu, 35; Wu Tiao Yi, 33; Tao Fei, 34; Liu Bo, 31; and Garcia, 33.
Only Lopez, 33, had not filed any motion for preliminary investigation.
(October 2, 2004 issue)
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