China Power

Hong Kong’s Extradition Changes Tap Into Fears of Diminished Rights

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China Power

Hong Kong’s Extradition Changes Tap Into Fears of Diminished Rights

Proposed changes, which would smooth extraditions to the mainland, must be seen in the broader context of Hong Kong-mainland relations.

Hong Kong’s Extradition Changes Tap Into Fears of Diminished Rights
Credit: Flickr/ 黃埔體育會 Whampoa Sports Club

This fall will mark the five-year anniversary of the Umbrella Movement in Hong Kong, a grassroots political wave that prompted tens of thousands of protesters to take to the streets to request a more democratic selection process for the city’s chief executive. Since the city’s return to Chinese sovereignty in 1997, the pace of political reform has been slow, and the Hong Kong government’s latest legal reform proposal is not quite a move in that direction.

Hong Kong’s legislative body opened talks last week on an amendment to the special administrative region’s existing extradition laws, known as the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance. The proposal, first put forth earlier this year, would establish an extradition mechanism that would operate on a case-by-case basis with states not covered under existing extradition treaties, including mainland China, Macau, and Taiwan. Current legal provisions allow Hong Kong authorities to surrender fugitives to other jurisdictions with which it has no rendition deals but only with the approval of the legislature. The tabled changes shift this responsibility from the legislative body to the chief executive and would consider crimes punishable by at least a three-years prison sentence. The legislative amendment was proposed in response to a loophole exposed in 2018 when Taiwanese authorities were unable to prosecute a man accused of killing his pregnant girlfriend while on vacation in Taipei before he fled to Hong Kong.

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