Letters | Hong Kong extradition law: can we ever be sure of China’s intentions?

Whatever the safeguards in an extradition agreement with mainland China, the fact remains that Hong Kong has no real way of telling if a prosecution is politically motivated

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Hongkongers protest against a proposed extradition agreement with the mainland, at a rally on March 31. Photo: AP

Published: 8:00am, 3 Apr 2019Updated: 8:00am, 3 Apr 2019

We are told that human rights guarantees in the Fugitive Offenders Ordinance would prevent the political persecution of those extradited from Hong Kong to mainland China. That is what the Secretary for Security John Lee Ka-chiu tells us. And we hear a similar argument from veteran lawyer and former lawmaker Mr Ronny Tong. But would they really?

Suppose the mainland requests Hong Kong to extradite pro-democracy activist Joshua Wong for a hit-and-run in Hunan. If that had happened in Hong Kong, it would clearly be a crime, within one of the 46 specified offences and, on the face of it, not a political one. The Intermediate People’s Court in Changsha further undertakes that Wong’s political views will not be used against him in his eventual trial, that the death penalty is not an option, and that he will get a fair trial. All sorts of promises.

Suppose the chief executive, obliging as always, issues an authority to proceed. The judge, having read all the papers, is also satisfied that everything is in order. Wong finds himself unceremoniously carted off in an armoured car to the Shenzhen public security bureau.

Say Wong is found not guilty. Upon release and en route to Hong Kong, he takes a detour and disappears. Months later, Beijing releases video footage of him but does not release him. He is “assisting” with its investigation of dissidents, “voluntarily”, so he says. “Do not worry about me. All is well.”

So, can all those guarantees really prevent this from ever happening?