New Canada hearing for accused Chinese crime boss

VANCOUVER, British Columbia, May 24 (Reuters) Accused smuggling kingpin Lai Changxing, one of China's most wanted fugitives, will get at least one more court hearing in his bid to stay in Canada, his lawyer said today.

The federal court's agreement to hear arguments in the case next week will delay plans by the Canadian Border Security Agency to deport Lai on Friday, lawyer David Matas said.

A spokeswoman for the border agency would not comment on the status of Lai's case and said she was still waiting for official notification from the court.

Matas, a prominent Canadian human rights attorney, has also written the United Nations High Commissioner for Human Rights, saying he may ask the U.N. to intervene on the grounds that Lai will be subject to torture if returned to China.

Lai is accused of overseeing a massive smuggling operation that brought goods ranging from oil to cigarettes and cars into China in the 1990s, and of bribing officials to avoid paying duties and taxes.

Lai alleges the charges against him are politically motivated, and that the evidence against him is tainted because it came from witnesses who were tortured.

Lai and his family fled to Canada in 1999 after being alerted that his arrest was pending. He filed for political refugee status in 2000 after Chinese police visited him in the Vancouver area to try to make him return home.

Canadian immigration officials have sided with China's argument that the charges are criminal, and have rejected Lai's claim that he will be harmed or killed if returned to his homeland.

Matas wants Canada's federal court to delay deportation so he can challenge the finding that Lai's life is not in danger. The court hearing, which will be conducted by video conference, is scheduled for today, Matas said.

China has sent diplomatic assurances to Canada that Lai will not be subject to execution if convicted, but Matas contends that promise will be ignored and says that others convicted in the case have been killed.

Matas cites the torture allegations in his request to the United Nations. He wants the U N to intervene if the Canadian court refuses to order Ottawa to review its finding that Lai will not be in danger if returned to China.

A Chinese Foreign Ministry spokesman said this week that China's stance on Lai remained unchanged and that it wants him returned ''as soon as possible''.

REUTERS DH RN0233