Proposal aims to help HK handle crimes involving other jurisdictions
The Security Bureau is proposing new amendments to make it easier for Hong Kong authorities to handle serious crimes involving its residents which occur in jurisdictions with no legal assistance arrangements with the special administrative region.
The bureau announced the proposal in a paper it submitted to the Legislative Council on Tuesday. It explained that the proposal aimed to amend the existing Mutual Legal Assistance in Criminal Matters Ordinance and the Fugitive Offenders Ordinance. This is to try to stop more criminals absconding from justice.
The paper will be discussed by LegCo’s Panel on Security on Friday.
It is understood the new proposal was prompted by a 2018 case where a Hong Kong resident was suspected of murdering another Hong Kong resident in Taiwan. In this case, the request to send the suspect back to Taiwan for trial could not be processed due to limitations in the two existing ordinances.
In the paper, the bureau examines serious cross-boundary crimes in jurisdictions which have no legal assistance arrangements with Hong Kong. This includes when a fugitive from justice is being sought by Hong Kong law enforcement agencies.
The paper suggests the SAR authorities ask the chief executive to provide them with a warrant to obtain a provisional arrest of the fugitive in the jurisdiction concerned.
The bureau said this warrant would mean the fugitive would not be handed over to the Hong Kong authorities until all the correct statutory procedures are carried out. This includes a detailed hearing by SAR courts to examine all the evidence and circumstances of the case.
After this, it would be the chief executive who makes the final decision on whether or not the case should then proceed.
Lawmaker and solicitor Holden Chow Ho-ding said the amendment could fix some existing legal loopholes. It will also help to uphold justice — especially for families of victims of crimes — such as in the Taiwan murder case.
Chow said the application for a fugitive to be handed over would still require approval from the courts in strict accordance with the law. Therefore, no human rights would be violated.
He also noted that in the past Hong Kong law had prevented fugitives involved in political, ethnic and religious dissent from being handed over to other jurisdictions.
So far, the SAR has signed agreements on mutual legal assistance with 32 jurisdictions and agreements on the surrender of fugitives with 20 jurisdictions. But the Chinese mainland and Taiwan were not among them.
In handling the Taiwan case, Hong Kong courts were only able to deal with the suspect as a money launderer — who allegedly embezzled HK$19,200 from the deceased’s credit card and withdrew New Taiwan dollars after arriving in Hong Kong. The suspect remains in custody after being charged with theft.