AFP, Chinese police sign deal over pursuit of financial fugitives

The deal governs how Chinese police can pursue its nationals accused of crimes who are living in Australia.

AFP Commissioner Andrew Colvin addressing the National Press Club in Canberra. Picture Kym Smith

The Australian Federal Police has signed a new deal with Beijing’s public security agency governing how Chinese police can pursue its nationals accused of crimes who are living in Australia.

The move comes after the Australian government delayed ratifying the China extradition treaty which would allow for corruption and fraud suspects in Australia targeted under “operation fox hunt” to be forcibly returned to Beijing.

It also follows incidents where Chinese police have travelled to Australian cities without the knowledge of the AFP in order to “persuade” suspects to return to China. Australia protested these incidents via diplomatic channels.

Chinese security agencies have cast a global net under operation fox hunt to pursue hundreds of their citizens accused of economic crimes and have identified 100 of its most-wanted fugitives including some in Australia.

In March the Turnbull government was forced to withdraw moves to ratify the treaty due to opposition from Labor, the Greens and some Liberal backbenchers.

The treaty was signed but not ratified by the Howard government in 2007, and the further delay to the ratification has disappointed Beijing.

The new rules will give the AFP greater oversight over how Chinese police are allowed to operate in Australia.

The Australian understands the agreement includes requirements for Australian co-operation with Chinese police investigations into financial crimes.

Interviews with suspects will have to be recorded by Australian authorities and translated by an independent translator.

An AFP officer has to be present in any interview.

Chinese authorities will not be allowed to parade the suspects before the media as they get off the plane in China and no suspect will be forced to return.

In some cases, however, there are claims authorities have pressured the families of the suspects who remain in China in order to force their ‘voluntary’ return.

The deal is with the Chinese Ministry of Public Security and includes two new arrangements, which AFP Commissioner signed in Beijing on Monday.

Mr Colin brought with him $A215,000 that was recovered in Australia as the proceeds of crimes committed in China.

“I am also pleased to hand over $215,000 that was forfeited in Australia under proceeds of crime legislation, demonstrating that Australia will remain a hostile environment for criminals seeking to hide their illegally-obtained assets,” the commissioner said.

One agreement he signed with Public Security Vice Minister Meng Qingfeng was a Statement of Intent on combating transnational crime through enhanced police co-operation, and the other was a Joint Agency Arrangement on economic crime co-operation.

They also, said Commissioner Colvin, held in-depth discussions on addressing narcotics trafficking and counter-terrorism.

He said: “The AFP has a long history of law enforcement co-operation in China, and today’s events are part of our long-term commitment to working with the Ministry of Public Security to tackle issues of mutual concern and co-operate in innovative ways.”

Mr Meng said that he hopes that both countries can take this opportunity to address mutual concerns, have closer communication and co-operation.

The Joint Agency Arrangement formalises a joint working group between the AFP, China’s Public Security Ministry, and the Department of Immigration and Border Protection, aimed at further co-operating on law enforcement, particularly on transnational economic crime.

The working group — which Commissioner Colvin said is the first of its kind with China — aims to strengthen co-operation on combating economic crime and money-laundering, as well as identify and seize assets suspected to be the proceeds of crime in both countries.