A legislator yesterday criticized the Security Bureau for not fulfilling its duties in protecting Hong Kong citizens' rights on the mainland.

Democratic Alliance for the Betterment of Hong Kong (DAB) Legislative Council member Ip Kwok-him denounced the long detention, before trial, of Chau Wai-kwong and later of his sister Chau Siu-ping.

The misfortunes of the pair were detailed at a media conference organized by the DAB.

Chau Wai-kwong was arrested by customs officials in Shunde in Guangdong Province in November 2000 on suspicion of smuggling.

He was released in June 2002 because the mainland authorities could not prove their case. But when his sister, Chau Siu-ping, crossed the border in August 2002, she was arrested on a smuggling charge.

Chau Siu-ping was detained for almost one year and two months before the Foshan Intermediate People's Court found her not guilty in October last year.

She was given back her identity papers last week when she was finally able to return to Hong Kong.

Ip, vice chairman of the DAB, said some mainland law enforcement authorities are not working in compliance with State law, which stipulates the detention of any suspect should not exceed two months. "The problem facing Hong Kong residents of a prolonged period of detention in prison before a trial is quite serious on the mainland," Ip said.

Ip believed the Security Bureau has not done enough to protect the civil rights of those detained Hong Kong citizens on the mainland.

Under a mechanism set up in 2001, the law enforcement authorities of Hong Kong and the mainland should notify each other of the arrest or detention of people from across the border.

"The Security Bureau's officials are only serving a passive role to convey messages from the mainland authority to detainees' families in Hong Kong. They have not taken action to help those detainees to follow up or solve their cases with the mainland government," he said.

According to Chau Siu-ping, the Hong Kong government offered little assistance to her or her family when she was jailed on the mainland.

"The mainland authority had provided a wrong name on the place where I was imprisoned. But the Security Bureau did not even bother to check it out. My husband had to spend a huge amount of time looking for me," she said.

Ip said Chau's case is only the "tip of iceberg" and urged the government to look into the issue.

In response to the criticism, the Security Bureau issued a statement last night that it is concerned with the situation of Hong Kong residents detained on the mainland. But based on the "One Country, Two Systems", it could not interfere with mainland law enforcement.

According to bureau figures, 457 Hong Kong residents, who are either detained or imprisoned on the mainland, had sought help via the immigration department up to March this year.

(China Daily HK Edition April 29, 2004)