NZ allows way for China extradition

Wellington, June 4: New Zealand’s top court on Friday left open the possibility that a man could be extradited to China to face murder charges in a landmark case that has big diplomatic implications.

It remains uncertain whether the extradition of Kyung Yup Kim will proceed in a case that has already dragged on for more than a decade.

The dispute hinges on whether New Zealand can be assured that Kim will get a fair trial if he’s sent to China and won’t be tortured. New Zealand doesn’t have an extradition treaty with China.

New Zealand’s Supreme Court on Friday didn’t make a final ruling on the case but asked for more information from Justice Minister Kris Faafoi and others to be submitted by the end of July. The 3-2 split decision found that it was possible for New Zealand to get sufficient assurance from China about Kim’s welfare, partially overturning an earlier appeals court ruling.

Such assurances could include confirmation that representatives could visit Kim at least every 48 hours during the investigation and that the trial take place in Shanghai. But times have changed since a previous justice minister from a conservative government backed extradition. Faafoi is from a liberal government and will decide how to proceed at a time when relations with China have deteriorated.

The court acknowledged Faafoi might see things differently, saying he would be “entitled to depart from the previous minister’s decision.”