What Is The Hong Kong Extradition Agreement

Hong Kong has several agreements with foreign countries on refugee offenders. The term surrender of the agreement on fugitive offenders is used in place of the extradition treaty to refer to the non-sovereign status of Hong Kong. [1] As a Special Administrative Region of the People`s Republic of China since July 1997, Hong Kong has been authorized by the Central Government of China to enter into such agreements in accordance with Article 96 of the Basic Law. [2] The legality of such an agreement was challenged in the State of Connecticut, but the U.S. Court of Appeals for the Second Circuit ruled that the agreement between Hong Kong and the United States should be considered a “treaty” under U.S. law. [3] In early 2018, Chan Tong-kai, a 19-year-old Hong Konger, murdered his pregnant friend, Poon Hiu-wing, in Taiwan, and then returned to Hong Kong. Chan admitted to Hong Kong police that he killed Poon, but police were unable to charge him with murder or extradite him to Taiwan because there is no agreement. [12] The two Hong Kong regulations, the Fugitive Offenders Regulation and the Criminal Legal Assistance Regulation, did not apply to applications for the release of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan. [12] [13] The flagship pro-Beijing Democratic Alliance for the Improvement and Advancement of Hong Kong (DAB), President Starry Lee, and MP Holden Chow insisted that the extradition law be amended in 2019, citing the assassination as justification. [11] In February 2019, the government proposed changes to refugee legislation, which established a mechanism for refugees, on a case-by-case basis, by the Chief Executive of Hong Kong, in each jurisdiction with which the city does not have a formal extradition treaty that would close “legal loopholes”. [14] Chen Zhimin, Zhang Xiaoming and Han Zheng of the PRC publicly supported the change and said that 300 refugees were living in Hong Kong. [11] Beijing`s participation in the bill has raised serious concerns in Hong Kong.

[15] The proposed extradition law, first announced in February and officially introduced in April, aims to update existing laws governing extradition proceedings and mutual legal assistance between Hong Kong and other jurisdictions. In practical terms, it amends the regulation on prison crimes and the regulation on mutual legal aid. Later, Zhao addressed all the countries that have suspended previous agreements with Hong Kong: “By imposing sanctions, they want to force the Chinese government to change its position, but that is just a dream.” Hong Kong has extradition agreements with 20 countries, including Britain and the United States, but despite ongoing negotiations over the past two decades, no such agreement has been reached with mainland China. The student unions, which represented some protesters, made four demands: the complete withdrawal of the extradition law; The removal of all references to the June 12 protest as a riot; Free all arrested protesters; Responsibility for police officers who used excessive force. They warned against an escalation of the protest action if the demands were not met. [96] Cardinal John Tong, the Catholic Apostolic Administrator of Hong Kong, and the President of the Christian Council of Hong Kong, the Reverend Eric So Shing-yit, also issued a joint statement calling for the total withdrawal of the Extradition Act and an independent investigation into allegations of police brutality against protesters. [96] In response to Hong Kong`s new National Security Act – and in particular its claim to apply worldwide – Canada, Australia, the United Kingdom and New Zealand terminated their extradition agreements with Hong Kong in July.

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