China Daily (Hong Kong)

Proposal aims to help HK handle crimes involving other jurisdicti­ons

- By CHEN ZIMO in Hong Kong mollychen@chinadaily­hk.com

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.

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