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HK should look after its own in mainland custody

The concerns raised last week by the family of Hong Kong businessman Kwong Ching-yuen over his detention on the mainland are depressingly familiar.

Similar complaints have been made in many other cases involving local people held by mainland authorities in recent years. But little appears to have been done to improve the situation.

Kwong has been held for more than four years awaiting the outcome of his trial, which arises from a dispute over a commercial transaction.

The businessman was first charged with an insurance fraud but the proceedings were apparently halted before a verdict could be returned. Then he was put on trial for another offence, concerning the fabrication of documents. However, the case was stopped again and he remains behind bars.

His wife claims he is being held in breach of the mainland's rules - which seems likely given the length of time involved. She is asking the Hong Kong government for help.

Kwong's case is certainly not an isolated one. The Society for Community Organisation says it is helping relatives of 30 other local people in similar situations.

It is always difficult in these cases to know precisely where the truth lies. Kwong may or may not have committed a crime under mainland law. And the regulations relating to the length of time detainees can be held are so flexible it is not easy to be sure they have been breached. But this should make little difference. It is simply not acceptable to hold a suspect in custody for so long without his case being resolved.

Mainland officials are well aware that detainees are often held longer than the law allows. Last week, official figures revealed more than 7,000 suspects had been held for longer than the law allowed in the first 10 months of this year. Action had been taken, and the number had been reduced to less than 300, it was claimed.

But new cases are emerging all the time. As the mainland seeks to move towards a system based more on the rule of law, it will need to impose clear restrictions - and ensure they are enforced.

The Hong Kong government also has a role to play. It is simply not good enough for our officials to shrug their shoulders and claim there is nothing they can do because of 'one country, two systems'.

It is not a question of interfering with the mainland's legal system. It is more a matter of looking after Hong Kong citizens. This should involve liaising with mainland officials to see if anything can be done to help the suspects and their families. This should not be left to legislators or local NPC deputies.

Other countries certainly perform this duty when their citizens find themselves in trouble in the mainland. Hong Kong, as a part of China, should be capable of at least offering a similar service.

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