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There is no ‘loophole’ in Hong Kong’s current extradition law. Rather, it provides a necessary firewall to protect the legal system

  • The government must change course on the extradition bill, for the sake of its freedoms and business-friendly reputation
  • Alternative means of dealing with offenders such as Chan Tong-kai have been proposed and must be considered

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Civic Party leader Alvin Yeung explains his party’s proposal for a law granting Hong Kong the right to hear cases in which permanent residents are accused of murder abroad. Photo: Felix Wong

As the former British foreign secretary responsible for the final stage of the handover negotiations with China, I have serious concerns that the proposal put forward by the government of Hong Kong to allow extradition to mainland China will undermine the city’s judiciary and be a breach of the handover settlement that we agreed.

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The handover agreement, the Sino-British Joint Declaration, states that the rights and freedoms of Hong Kong’s people should remain unchanged. The central problem with the proposals is that they make it possible for the Hong Kong government to extradite people to a jurisdiction which does not guarantee a fair trial or have reasonable human rights safeguards, thereby undermining this commitment.
Government officials have given two reasons for fast-tracking their proposal: firstly, they consider the Chan Tong-kai homicide case to require urgent action and; secondly, they believe that the extradition legislation agreed upon at the handover leaves a “loophole” which must immediately be plugged.

On the first point, clearly the homicide was appalling and should be addressed. However, lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice. These should be seriously considered by the Hong Kong government as interim solutions, as this will give more time for further consultation on the wider issue of the supposed “loophole” in existing extradition legislation.

For example, the Civic Party has argued that Hong Kong courts should have jurisdiction over homicide cases committed by Hong Kong permanent residents when they are overseas. This is already the practice in the United Kingdom under the Offences Against the Person's Act, 1861, and seems a sensible proposal.
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Then British prime minister Margaret Thatcher and then Chinese premier Zhao Ziyang sign the Sino-British Joint Declaration in 1984 while officials from both sides look on. Photo: SCMP
Then British prime minister Margaret Thatcher and then Chinese premier Zhao Ziyang sign the Sino-British Joint Declaration in 1984 while officials from both sides look on. Photo: SCMP
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