China declined on Thursday to explicitly rule out executing accused smuggling kingpin Lai Changxing, one of its most-wanted fugitives, if he is deported from Canada.

“If he is repatriated back to China, he will receive a fair trial in accordance with law,” foreign ministry spokesman Liu Jianchao told a regular briefing.

He made the comment directly in response to a question on whether China could guarantee that Lai would not be executed if he was sent home.

Liu’s remarks come despite reports that China has made an unusual diplomatic promise to Canada that Lai would avoid the death penalty if he was sent back home.

Canadian press have reported that former Canadian prime minister Jean Chretien extracted an assurance from former Chinese president Jiang Zemin that Lai would not be executed if returned.

According to other reports, former Chinese premier Zhu Rongji also said five years ago Lai would not be put to death, although, Zhu reportedly added, he should die “three times” for what he had done.

Lai was due for deportation to China on Friday, but that was postposed Wednesday, after Canada’s Federal Court scheduled another hearing on May 31 in his last-ditch effort to remain in Canada.

Lai has been fighting to stay in Canada since fleeing there in 1999 and claiming refugee status in 2000. The main point in his appeals to stay in Canada is that he will face certain death if sent home.

Chinese authorities allege that the former laborer was the mastermind behind a multi-billion dollar smuggling ring.

“He is the prime suspect in this major smuggling case, and we have made representations to Canada on many occasions,” said foreign ministry spokesman Liu.

“It’s reasonable and fair for him to be repatriated back to China and receive a fair and just trial in China.”

Amnesty International said in its annual report released on Tuesday there were at least 1,770 executions and 3,900 death sentences issued in China last year.

However, some local legal scholars have said about 10,000 are executed every year, which would be far more than the combined figure for the rest of the world.