Fears over rendition bill are exaggerated

Ho Lok-sang believes these concerns on the proposed amendments and justice system on the mainland are overblown

Financier Conscience, a think tank formed in 2015 as a force among professionals working in the financial industry to “bring the voice of the rule of law and justice to the Legislative Council, in order to achieve a better future for Hong Kong”, wrote an open letter to all LegCo members, asking them “not to be the culprits that destroy Hong Kong’s future” by supporting the proposed fugitive law amendments.

Unlike most other critics, Financier Conscience explained why it was worried, and over which set of alleged crimes it was concerned. However, after reading the letter, it is clear that the fears are misplaced. In fact, the proposed amendments directly alleviate those fears.

Financier Conscience is first worried about offense No 9 in the list of crimes subject to extradition under the amendment bill. Offense No 9 refers to “obtaining property or pecuniary advantage by deception; theft; robbery; burglary (including breaking and entering); embezzlement; blackmail; extortion; unlawful handling or receiving of property; false accounting; any other offense in respect of property or fiscal matters involving fraud; any offense against the law relating to unlawful deprivation of property”.

Financier Conscience says: “Many of us who work in wealth management routinely manage funds taken out of the mainland. With the high incidence of fraud and financial crimes on the mainland, there is a high probability of us handling unlawful money without knowing it. This could make us fall into a trap and turn us into criminals complicit in financial crimes. If the fugitive law amendments are passed into law, they will greatly increase the risks we have to face.”

The writer of the letter obviously is confused over the substance of the proposed fugitive law. The fugitive law will not and cannot make acts previously legal become illegal. The fugitive law is there only to bring wrongdoers to justice, and will only affect those who are already charged with the indictable offenses listed. Anyone who has committed the stipulated crimes will then have a higher probability of facing justice. If more of these criminals are brought to justice, wealth management professionals should have less worry about being entrapped in schemes of fraud. Given that finance is becoming more and more complex, it is indeed difficult to “self-protect” through avoiding scams on one’s own. Financial professionals need to rely more on enforcers of the law to protect them. If they reject the fugitive law amendments, more fraudsters will be at large. They should be more worried!

Financier Conscience says it is also worried about offense No 15, No 41, as well as No 44 to 46. No 15 refers to offenses against the law relating to bribery, corruption, secret commissions and breach of trust. No 41 refers to the possession or laundering of proceeds obtained from the commission of any offense described in this schedule. No 44 to 46 include: Conspiracy to commit fraud or to defraud; conspiracy to commit, or any type of association to commit, any offense described in this schedule; aiding, abetting, counseling or procuring the commission of, inciting, being an accessory before or after

The author is the dean of business at Chu Hai College of Higher Education. Ho Lok-sang

the fact to, or attempting to commit an offense described in this schedule.

Certainly Financier Conscience will agree that these crimes if condoned will seriously damage the reputation of Hong Kong as a financial center. The writer of the open letter is right to be worried about unwittingly getting involved in such crimes. But they can be ensured that the passing of the fugitive law amendment bill will not make them more likely to be charged with these crimes. There are over 220,000 people working in “financing, insurance, real estate, professional and business services”, and “financing and insurance industries”. How many of them have been charged with the listed crimes, and are afraid of going back to the mainland because they could be caught?

Financier Conscience says that the fugitive law amendment bill has caught the attention of the United States, the United Kingdom, Canada, as well as the European Union. But the fact is that hundreds of thousands of Hong Kong people visit the mainland each day. These people certainly have no fear of the fugitive law amendments, because they are not fugitives. The fear that once the amendment bill is passed Hong Kong’s status as financial center will be affected is totally unwarranted. Quite the contrary, because fraudsters are more likely to have to face the law, Hong Kong’s financial industry professionals will face lower risk of falling victim to fraud schemes or inadvertently being involved in such schemes.

John Lee Ka-chiu, the secretary for security, has cited World Economic Forum to attest to the Chinese mainland’s relatively high rank in terms of judicial independence. Ranked at 46, the mainland is ahead of Taiwan, Spain, Italy, and South Korea. According to the World Justice Project 2019 report, the mainland is ranked 57 out of 126 countries or jurisdictions. The fears about its justice system are clearly overblown. More importantly, let us remind ourselves that the proposed amendments will only affect those who are charged with a criminal offense as listed.

The fugitive law is there only to bring wrongdoers to justice, and will only affect those who are already charged with the indictable offenses listed. Anyone who has committed the stipulated crimes will then have a higher probability of facing justice.