Sovereignty

The Hong Kong Coroner's Court invited over a hundred Philippine witnesses to shed
light into the hostage-taking of August 23 incident near Quirino Grandstand in Rizal Park,
Manila that left eight Hong Kong tourists dead.
Department of Justice Secretary Leila de Lima wants to invoke the Mutual Legal
Assistance Treaty (MLAT) between the governments of the Philippines and Hong Kong. She
wants clarification as to the exact scope of inquest proceedings. Well, The Hong Kong
government as reported is dissatisfied with Malacañang’s modification of the results of the probe
on the hostage-taking tragedy.
So, whether or not the inquest purpose is to investigate leading to prosecution is
immaterial. This is a question of sovereignty. If the Hong Kong Coroner’s Court believes the
modification is anomalous, then their recourse is to file a petition to the proper court in the
Philippines. Once their petition is decided and finding the decision is not amenable to their
expected result, they can elevate it to the International Court of Justice.
Inviting the witnesses because they believed Malacaňang committed a mistake in
modifying the result is merely to embarrass the Philippine government. They should submit to
the sovereignty of the Philippine government, instead, to suit their desire to know the truth, if
indeed there is more truth hidden.
From Wikipedia, the free encyclopedia, “Sovereignty is the quality of having supreme,
independent authority over a geographic area, such as a territory.” The fact the incident occurred
within the Philippine territory; therefore, the Philippine government has jurisdiction over the
case. A simple understanding of sovereignty is the embassies in the different countries around
the world. Any commission of the crime inside the embassy building is subject to the laws of the
legation’s origin.
I sympathized with the victims and their bereaved families. My sympathy is not due to
my maternal grandfather is a deported Chinaman, but as a human being who has the same feeling
as those with dead relatives. However, we have laws to follow, thus subjecting the Filipino
witnesses to testify in Hong Kong while the incident occurred in Philippine soil is not in accord
with its sovereignty.
Could it be that the Hong Kong authorities thought President Benigno Aquino III will
keep on appeasing the Chinese people, because of fear to lost ties with the Chinese government?
Or, they are using the tragedy to blackmail Malacaňang.
They want the witnesses to come to their country to testify. Granting their findings differ
with the Philippine authorities’; will Malacaňang accept theirs is wrong? It is a useless move. It
will only create animosity between the Filipino and the Chinese.
President Aquino created immediately thereafter the Incident Investigation and Review
Committee headed by Secretary De Lima that looked into the incident committed by dismissed
Police Senior Inspector Rolando Mendoza.
The filing of criminal and administrative charge is recommended by the Committee
against 13 people, but modified after having been reviewed by Malacaňang’s legal office.
Interior Undersecretary Rico E. Puno, retired Philippine National Police chief Director
General Jesus Verzosa, and Manila City Vice Mayor Isko Moreno were excluded.
SPO2 Gregorio Mendoza, the hostage-hijacker's brother, is slapped with criminal charges
for conspiracy to commit serious illegal detention and illegal possession of firearms.
 In MLAT, Article I, Scope of Assistance, states: (1) The Parties shall provide, in
accordance with the provisions of this Agreement, mutual assistance in the investigation and
prosecution of criminal offences and in proceedings related to criminal matters. xxx (3) For the
purposes of this Agreement, criminal matter includes: (a) a criminal matter relating to revenue
(including taxation and customs duties); (b) a criminal matter relating to graft and corruption,
unlawfully acquired or acquiring property, bribery, frauds against the public treasury, or
misappropriation or fraudulent conversion of public funds or property.
Although the Treaty pertains to criminal matter, it does not include all criminal offenses.
Likewise, there are limitations on compliance as provided in Article IV: xxx (2) The Requested
Party may refuse assistance if: xxx (c) the request for assistance relates to the prosecution or
punishment of a person for an offence which is committed outside the area under the jurisdiction
of the Requesting Party and the law of the Requested Party does not provide for the punishment
of an offence committed in similar circumstances.
Note that the offense is not committed in Hong Kong but in the Philippines jurisdiction,
also it is not a criminal offense provided in Article I of the agreement. P-Noy should not
succumb to the whims and caprices of the Hong Kong government to preserve the honor and
dignity of Philippines sovereignty. (Email g_duna@yahoo.com)