What Is the Hong Kong Extradition Agreement

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The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters (Amendment) Bill 2019 (Chinese: 2019年逃犯及刑事事宜相互法律協助法例(修訂)條例草案) was an extradition bill amending the Fugitive Offenders Ordinance (Ch. 503) with regard to specific surrender agreements and the Mutual Legal Assistance in Criminal Matters Ordinance (Chapter 525), so that mutual legal arrangements can be concluded between Hong Kong and any place in outside Hong Kong. [2] The bill was proposed by the Hong Kong government in February 2019 to establish a refugee transfer mechanism not only for Taiwan, but also for mainland China and Macau, which are currently excluded in existing laws. [3] The United States has ended its extradition agreement with Hong Kong, the latest move to put pressure on Beijing after imposing a controversial national security law on the former British territory. Democratic Party MP Andrew Wan filed a no-confidence motion against Carrie Lam on May 29 for “blatantly lying” about the extradition bill and misleading the public and the international community, with Lam claiming colonial officials did not intentionally exclude China from extradition laws before the handover in 1997. It was the first vote of no confidence in her since she took office in July 2017, and Lam survived the vote with the support of the pro-Beijing majority in the Legislative Assembly. Chief Secretary Matthew Cheung defended Lam`s record and rejected the motion as “an unnecessary political move.” [47] For the 12. In June, the day of the planned resumption of the second reading of the extradition law, a general strike was called. Police began stopping at the exits of admiralty station the night before and looking for commuters.

The sit-in began in the morning in and around Tamar Park, and around 8 a.m.m., a crowd rushed to Harcourt Road and nearby roads, blocking traffic. [77] At approximately 11 a.m.m., the Legislative Council Secretariat announced that the second reading debate on the Extradition Act had been postponed indefinitely. [78] The Hong Kong Bar Association issued a statement expressing reservations about the bill, saying the restriction on surrender agreements with mainland China was not a “loophole,” but existed given the fundamentally different criminal justice system on the mainland and concerns about the mainland`s track record of protecting fundamental rights. The association also questioned the responsibility of the Chief Executive as sole arbitrator as to whether a special agreement with a requesting court should be concluded without the control of the Legislative Council or without expanding the role of the courts in considering extradition requests. [26] Twelve current and former presidents of the Bar Association warned that “the government`s oft-repeated assertion that judges will be gatekeepers is misleading” because “the proposed new legislation does not give the Court the power to consider such matters and the Court would not be in a position to do so.” [27] In early 2018, Chan Tong-kai, a 19-year-old Hong Konger, murdered his pregnant girlfriend Poon Hiu-wing in Taiwan and then returned to Hong Kong. The government issued a statement at 8:30 p.m. .m. in which Carrie Lam apologized to Hong Kong residents and pledged to “sincerely and humbly accept any criticism and improve and serve the public.” [92] A government source told the South China Morning Post that the government had made it clear that there was no timetable for resuming the suspended law, the legislation would die of “natural death” if the current term of the Legislative Council ended in July next year. [93] On June 18, Carrie Lam personally apologized for the mistreatment of the extradition bill, but failed to respond to protesters` demands to withdraw or withdraw the law altogether. [94] On June 5, 2019, the Hong Kong Bar published an 11-page review of the proposed changes to the cap. 503 (FOO).

He questioned the lack of additional evidentiary requirements in favour of extradition and the inapplicability of additional evidence against extradition. She argued that the Hong Kong government should not rush to propose existing legislation and that before proposing such laws, a comprehensive review of the current extradition system and investigations into the transfer of refugees between jurisdictions should be conducted. The Law Society recommended a proposal to specifically cover the ongoing murder case in Taiwan if the government wanted to hand over the suspect soon. In addition, some members of the Bar question the need for such a change, as there have been no major problems with extradition to mainland China or Taiwan since Hong Kong was returned to China in 1997. [28] ^: Never in force; Ratification of the agreement ended Hong Kong officials have always said Hong Kong courts will have the final say on whether to accept such extradition requests, and that suspects accused of political and religious crimes will not be extradited. On November 9, police arrested and charged six pro-democracy lawmakers (while summoning another lawmaker) for their role in a May 11 brawl over the previously proposed extradition bill. Lawmakers filed a deposit and were released. [46] 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 the mainland was deliberately excluded from extradition laws prior to the handover in 1997 due to fears about the continent`s opaque and politically controlled legal system, or that China agreed to the exclusion. However, Hong Kong`s last colonial governor, Chris Patten, and then-chief secretary Anson Chan claimed that Hong Kong and China knew very well that there had to be a firewall between the different legal systems. [36] Patten also warned that the extradition bill would be the “worst” in Hong Kong since the handover in 1997.

[37] Malcolm Rifkind, a former British foreign secretary who oversaw the final phase of the handover, also denied that the lack of extradition agreements between Hong Kong and the mainland was “a loophole.” He explained that “negotiators from China and the UK have made the conscious decision to create a clear separation between the two systems so that the rule of law remains robust” and that “lawyers and politicians across the political spectrum in Hong Kong have come up with several other feasible solutions that will ensure that Chan is brought to justice.” [38] On April 28, the movement gained momentum when about 130,000 protesters joined the march against the law; Police estimated that 22,800 people joined its peak. The claimed turnout was the highest since around 510,000 people took part in the annual protests on 1 July 2014. [65] [66] [67] A day after the protest, Chief Executive Carrie Lam insisted that the law would come into force, saying legislative councils should pass new extradition laws before their summer recess, even though the man at the center of a case justifying the urgency of new laws, Chan Tong-kai, had recently been detained for 29 months. .