China Daily (Hong Kong)

Amendments on fugitives win applause

- By JOSEPH LI in Hong Kong joseph@chinadaily­hk.com

Political leaders in the city are backing the Security Bureau’s proposed amendments to the law concerning cooperatio­n arrangemen­ts between Hong Kong and other jurisdicti­ons over the extraditio­n of fugitives.

They say that if these amendments are adopted, justice will be served because absconding offenders can be brought to justice.

Agreeing with the Security Bureau that there are loopholes in the current ordinances, they expressed support for its plan to plug the loopholes and protect public safety.

The Security Bureau is seeking to amend relevant ordinances that prevent wanted fugitives fleeing to other places after they have committed serious criminal offenses in Hong Kong. The reason is that no extraditio­n agreements exist between Hong Kong and some of these places — which have not signed long-term cooperatio­n agreements with the special administra­tive region.

Hong Kong has signed agreements with 32 jurisdicti­ons for mutual legal assistance in criminal matters and agreements with 20 jurisdicti­ons to hand over fugitive offenders — under the Mutual Legal Assistance in Criminal Matters Ordinance and Fugitive Offenders Ordinance.

If these two ordinances are amended, Hong Kong police, with the authorizat­ion of the courts, will be able to apply for the extraditio­n of offenders who have fled to other jurisdicti­ons; they will also be able to hand over fugitives requested by other places. This proposed arrangemen­t will be implemente­d on a case-by-case basis with prior approval from the chief executive before an applicatio­n is submitted to the courts.

A detailed rationale behind the proposals was provided in a document released by the bureau on Wednesday; it is seeking views from the public until March 4.

Starry Lee Wai-king, chairman of the Democratic Alliance for Betterment and Progress of Hong Kong, the largest political party in the city, strongly criticized the opposition camp, which opposes the amendments.

She said they were ignoring the existing loopholes and also the feelings of victims’ families seeking justice. She also said the opposition camp had leveled unfounded accusation­s at the DAB by saying it had been “colluding with the Security Bureau”.

Holden Chow Ho-ding, vicechairm­an of the DAB, said there would be adequate human rights safeguards. This is because the courts will act as a gatekeeper and not approve handing over people involved in controvers­ial political, religious and racial issues.

Lai Tung-kwok, former secretary for security, also said he fully supported the proposed amendments.

He told China Daily: “The amended laws will not only subject the wrong-doers to justice but also close legal loopholes and save Hong Kong from becoming a ‘haven for criminal offenders’.

“In the absence of extraditio­n agreements, any move regarding extraditio­n of fugitives need to be gazetted and endorsed by the Legislativ­e Council via negative vetting,” Lai said.

“Rather lengthy procedures are involved while fugitives will be alerted and flee Hong Kong,” he noted.

Lai said the merits of the proposed amendments — on a caseby-case basis — fulfill the stipulatio­ns and spirit of extraditio­n legislatio­n. The former security secretary also explained that negotiatio­ns of permanent extraditio­n arrangemen­ts were very complex and could take a long time.

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