R. v. Zheng, 2014 BCPC 419

Citation: R. v. Zheng 2014 BCPC 419 Date: 20140708 File No: 204124-1, 205323-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal Division REGINA v. YU LIAN ZHENG ORAL RULING RE JUDICIAL INTERIM RELEASE APPLICATION OF THE HONOURABLE JUDGE K. ARTHUR-LEUNG BAN ON PUBLICATION 486.5(1) CCC Counsel for the Crown: B. Savage Counsel for the Accused: G. Lee Place of Hearing: Surrey , B.C. Date of Hearing: July 8, 2014 Date of Judgment: July 8, 2014

[ 1 ] Thank you to both Ms. Savage and Mr. Lee for your succinct summaries, particularly to Ms. Savage for clearly articulating, in chronological order, the allegations that Ms. Zheng is facing. [ 2 ] After carefully considering the submissions of Crown and defence, it is abundantly clear to me that it is appropriate that a s. 512 warrant be issued and that Ms. Zheng be detained. [ 3 ] The allegations facing Ms. Zheng on both Informations are extremely serious.

What is troublesome is that the allegations in the first five-count Information are very similar to the allegations that occurred last week on July 2nd, 2014 and, therefore, it is clear to me that Ms. Zheng has no respect for the law in Canada and continues to flagrantly disobey the laws of Canada. [ 4 ] On January 19th or 20th, 2014, she received the benefit of the doubt and would continue to do so as there are, no doubt, triable issues on both Informations.

However, she was released with no terms and conditions and yet less than six months later there are virtually identical allegations before this court and, in fact, even more so, the allegations of July 2nd, 2014 are extremely troubling as one of the values that this country upholds is the safety and wellbeing and protection of children and that, too, as an officer of the court, is one of my judicial obligations to ensure the best interest of children.

So, in actual fact, I find the allegations of July 2nd, 2014 even more so troubling, that two of the three counts alleged are for two minors travelling with a completely unrelated adult. [ 5 ] While I appreciate that defence counsel has proposed that her Canadian passport be surrendered, I am not convinced that would satisfy the protection of the citizens of this country and those vulnerable because the allegations that occurred on July 2nd, 2014 occurred on the Canadian side and did not necessitate crossing an international border. [ 6 ] Therefore, the s. 512 public interest warrant is granted and Ms.

Zheng is detained on the current count that was alleged to have occurred on July 2nd, 2014. Her actions are extremely disconcerting and put the public at risk and particularly the allegations are directed towards children and thus, even more so, it would be appropriate that she be detained. (RULING AT JUDICIAL INTERIM RELEASE CONCLUDED)