A wealthy businessman's bid to block his removal to China, where he faces corruption charges, will be heard by a Federal Court judge in Winnipeg this week.
Mo Yeung (Michael) Ching, also known as Cheng Muyang, is seeking judicial review of a 2014 decision to deny him refugee status made by the refugee protection division of the Immigration and Refugee Board.
Ching, the son of a now-deceased high-profile Communist party official who was also the target of an anti-corruption campaign, has claimed that authorities used evidence against him obtained through torture.
Ching, owner of the Richmond-based property development firm Mo Yeung International Enterprise Ltd., is wanted on charges of embezzlement and "harbouring and transporting illegally acquired goods," according to court documents, in connection with business transactions in 1996-97.
Cheng became a permanent resident of Canada in 1996, but quickly returned to China and didn't move permanently back to Canada until early 2001, when he and two others were under investigation in connection with those transactions.
Last month Ching's Winnipeg-based lawyer, David Matas, asked the Federal Court to rule that all materials in the case relating to his appeal next week be treated as confidential.
Had Matas been successful that would have likely resulted in Tuesday's hearing being closed to the public.
But a Federal Court prothonotary (a judicial officer with many powers similar to a judge's), Roger Lafreniere, rejected that request. He said that the principle of open courts is "a hallmark of a democratic society."
Lafreniere also noted that it isn't practical to "unring the bell" given that Ching's name and the case details have already received considerable media attention.
However, Lafreniere did issue an order declaring that two witnesses who testified remotely on Ching's behalf from China be only referred to by their initials.
"I accept ... that there is a real risk to the witnesses ... should their identities and, in particular, their evidence be made public, and that steps should be taken to minimize the risk of harm to or retaliation against them."
Lafreniere also acknowledged that Ching's lawyer will have the right to ask the judge hearing the case next week to close the hearing to the public.
