What Is Extradition Agreement With Hong Kong


On June 5, 2019, the Law Society of Hong Kong published an 11-part review of the amendments proposed by Cap. 503 (FOO). He questioned the lack of additional evidente requirements for extradition and the inadmissibility of additional evidence against extradition. He argued that the HK government should not rush the current legislation and that before proposing such laws, a comprehensive review of the current extradition system and research on the interdepartmental transfer of refugees would have to be carried out. The Law Society recommended a proposal to specifically cover Taiwan`s assassination case if the government wanted to transfer the suspect quickly. In addition, some members of the Law Society doubt the need for such an amendment, given that there have been no major problems of extradition to mainland or Taiwan since Hong Kong`s return to China in 1997. [28] The government says it has tried to address some of these criticisms, although it has ignored requests to abolish or, at the very least, delay the bill. In addition to eliminating certain economic crimes and raising the minimum threshold for offences that can be extradited to those punishable by seven years in prison, Director General Carrie Lam announced yesterday (10 June) that additional security measures – such as a deadline to seek extradition after a crime – and that requests must come from the highest authorities would be legally binding. The current extradition law expressly provides that it does not apply to the “central government or government of another part of the People`s Republic of China.” The pro-democracy camp, which strongly opposed the law, used filibustering tactics by blocking the first two Bills Committee meetings and preventing the election of a committee chairman. The House Committee, with a pro-Beijing majority, removed James To from the Democratic Party, the highest member, from his position as a presidential member and replaced him with the third-highest member, the pro-Beijing Abraham Shek of the Hong Kong Business and Professionals Alliance (BPA), making him the second highest member, Leung Yiu-chung, a pro-democratic. He claimed that the approach was illegitimate and added that the secretariat had abused its power to publish the circular without formal discussion. The Christian Democrats insisted on holding, as planned, a meeting on 6 May, which was postponed by Shek with only 20 members present. Dennis Kwok was elected Chair and Vice-Chair of the Committee.

[42] “Nothing prevents Beijing from insisting that the Hong Kong government make an apparently benevolent extradition request and then add national security charges as soon as people arrive on Chinese territory. In this context, the only way to ensure the safety of citizens in our respective countries is to immediately stop extradition to Hong Kong. Hong Kong was a British colony until it was officially handed over to China in 1997. Since then, the city has operated under “one country, two systems.” [35] Lam denied that prior to the 1997 surrender, the continent had been deliberately excluded from extradition laws because it had concerns about the continent`s opaque and politically controlled legal system, or because China had accepted exclusion. However, Hong Kong`s last colonial governor, Chris Patten, and then-Secretary General Anson Chan said Hong Kong and China knew full well that there had to be a firewall between the different legal systems. [36] Patten also warned that the extradition law was the “worst” thing that has happened in Hong Kong since it was handed over in 1997. [37] Malcolm Rifkind, a former British foreign minister who oversaw the final stages of the surrender, also denied that the absence of extradition agreements between Hong Kong and the mainland was “a loophole”. He said that “Chinese and British negotiators have deliberately taken the decision to create a clear gap between the two systems so that the rule of law remains strong” and that “lawyers and politicians from across Hong Kong`s political spectrum have proposed several other viable solutions to ensure that Chan is tried.” [38] The

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