High Court
149-772: The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (Chinese: 2019年逃犯及刑事事宜相互法律協助法例（修訂）條例草案 ) was a proposed bill regarding extradition to amend the Fugitive Offenders Ordinance ( Cap. 503 ) in relation to special surrender arrangements and the Mutual Legal Assistance in Criminal Matters Ordinance ( Cap. 525 ) so that arrangements for mutual legal assistance can be made between Hong Kong and any place outside Hong Kong. The bill
298-413: A jus cogens principle. Professor Michael Kelly, citing Israeli and Austrian judicial decisions, has noted that "there is some supporting anecdotal evidence that judges within national systems are beginning to apply the doctrine on their own". The refusal of a country to extradite suspects or criminals to another may lead to international relations being strained. Often, the country to which extradition
447-424: A Hittite king , Hattusili III . The consensus in international law is that a state does not have any obligation to surrender an alleged criminal to a foreign state, because one principle of sovereignty is that every state has legal authority over the people within its borders. Such absence of international obligation, and the desire for the right to demand such criminals from other countries, have caused
596-471: A French citizen commits a crime abroad and then returns to their home country, often being perceived as doing so to avoid prosecution. These countries, however, make their criminal laws applicable to citizens abroad, and they try citizens suspected of crimes committed abroad under their own laws. Such suspects are typically prosecuted as if the crime had occurred within the country's borders. The usual extradition agreement safeguards relating to dual-criminality,
745-521: A bargaining chip over a rival state. Some countries refuse extradition on grounds that the person, if extradited, may receive capital punishment or face torture . A few go as far as to cover all punishments that they themselves would not administer. Jurisdiction over a crime can be invoked to refuse extradition. Several countries, such as Austria, Brazil, Bulgaria, Czechia (the Czech Republic), France, Germany, Israel, Japan, Morocco, Norway,
894-488: A change to the extradition law in 2019 using the murder case as rationale. In February 2019, the government proposed changes to fugitive laws, establishing a mechanism for case-by-case transfers of fugitives by the Hong Kong Chief Executive to any jurisdiction with which the city lacks a formal extradition treaty, which it claimed would close the "legal loophole". Chen Zhimin , Zhang Xiaoming , and Han Zheng of
1043-524: A firewall between the different legal systems. Patten also warned that the extradition law would be the "worst thing" to happen in Hong Kong since the 1997 handover. Malcolm Rifkind , former British Foreign Secretary who oversaw the final stages of the handover, also denied that the lack of extradition arrangements between Hong Kong and the Mainland was "a loophole". He stated that "negotiators from both China and
1192-525: A global extraordinary rendition programme, which from 2001 to 2005 captured an estimated 150 people and transported them around the world. The alleged US programme prompted several official investigations in Europe into alleged secret detentions and illegal international transfers involving Council of Europe member states. A June 2006 report from the Council of Europe estimated 100 people had been kidnapped by
1341-520: A group of 39 pro-Beijing legislators called for the bill to be amended. Their two demands—raising the threshold on extraditable crimes and allowing only extradition requests from the mainland's top authority—were both accepted by the government. The government promulgated on 30 May the provision of "additional safeguards" in the following three aspects: Hong Kong's five major business chambers—the Hong Kong General Chamber of Commerce (HKGCC),
1490-549: A human chain to prevent protesters from entering Harcourt Road , the main road next to government headquarters, while Special Tactical Squad (STS) stood by for potential conflicts. Although the CHRF officially had called an end to the march at 10 pm, around 100 protesters remained at the Civic Square . At 11 pm, the government issued a press statement, saying it "acknowledge[s] and respect[s] that people have different views on
1639-433: A joint statement calling for a complete withdrawal of the extradition bill and an independent inquiry into allegations of police brutality against protesters. As the city marked the 22nd anniversary of its 1997 handover , the annual pro-democracy protest march organised by civil rights groups claimed a record turnout of 550,000 while police placed the estimate around 190,000. Separately, hundreds of young protesters stormed
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#17328547253731788-530: A land deal in Macau in 2014, applied for a judicial review over the bill in court. Lau's lawyers asked the court to make a declaration that the surrender of Lau to Macau would contravene the Hong Kong Bill of Rights . Lau made an abrupt U-turn and dropped his legal challenge on 29 May, saying that he "loves his country and Hong Kong" and that he now supported the legislation. The Hong Kong Bar Association released
1937-601: A meeting and asked the House Committee for guidance. On 20 May, Secretary for Security John Lee announced that the government would resume the second reading of the bill in a full Legislative Council meeting on 12 June, bypassing the usual practice of scrutinising the bill in the Bills Committee. After a five-hour meeting on 24 May, the House Committee of the Legislative Council dominated by the pro-Beijing camp passed
2086-463: A million marched in the streets and called for Chief Executive Carrie Lam to step down. On 15 June, Lam announced she would 'suspend' the proposed bill. Ongoing protests called for a complete withdrawal of the bill and subsequently the implementation of universal suffrage , which is promised in the Basic Law . On 4 September, after 13 weeks of protests, Lam officially promised to withdraw the bill upon
2235-406: A motion in support of the government's move to resume the second reading of the bill at a full council meeting on 12 June. On 9 November, police arrested and charged six pro-democracy lawmakers (while summoning one more lawmaker) for their roles in a 11 May scuffle over the earlier proposed extradition bill. The lawmakers posted bail and were released. Democratic Party legislator Andrew Wan moved
2384-449: A motion of no-confidence against Carrie Lam on 29 May on the grounds that Lam "blatantly lied" about the extradition bill and misled the public and the international community, as Lam claimed that colonial officials did not deliberately exclude China from extradition laws ahead of the 1997 Handover. It was the first no-confidence vote against her since she took the office in July 2017. Lam survived
2533-399: A number of case. This is in part because torture evidence threatens the "integrity of the trial process and the rule of law itself." Human rights as a bar to extradition can be invoked in relation to the treatment of the individual in the receiving country, including their trial and sentence as well as the effect on family of the individual if extradition is granted. The repressive nature and
2682-399: A person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement . It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to
2831-454: A pro-democrat. To claimed that the move was illegitimate, adding that the secretariat had abused its power in issuing the circular without having any formal discussion. The pro-democrats insisted on going ahead with a 6 May meeting as planned which was rescheduled by Shek with only 20 members present. To and Civic Party 's Dennis Kwok were elected chair and vice chair of the committee. Attempts to hold meetings on 11 May descended into chaos as
2980-461: A rebranding of a loose pro-business parliamentary group including Economic Synergy and Professional Forum , as well as two other nonpartisan legislators who mostly came from trade-based functional constituencies consisting of Hong Kong's leading chambers of commerce or business sectors. Out of the seven founding legislators, the party's only directly elected representative was Priscilla Leung of Kowloon West . The party immediately emerged as
3129-479: A report which concluded that the use of force by police against the largely peaceful protest was unnecessary and excessive and that police had "violated international human rights law and standards." Lo's declaration and police behaviour gave rise to new demands in later protests: to retract the characterisation of the clashes as a "riot" and to establish an independent commission of inquiry into police brutality . On 15 June, Carrie Lam announced that it would suspend
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#17328547253733278-403: A statement expressing its reservations over the bill, saying that the restriction against any surrender arrangements with mainland China was not a "loophole", but existed in light of the fundamentally different criminal justice system operating in the Mainland, and concerns over the Mainland's track record on the protection of fundamental rights. The association also questioned the accountability of
3427-484: A web of extradition treaties or agreements to evolve. When no applicable extradition agreement is in place, a state may still request the expulsion or lawful return of an individual pursuant to the requested state's domestic law. This can be accomplished through the immigration laws of the requested state or other facets of the requested state's domestic law. Similarly, the codes of penal procedure in many countries contain provisions allowing for extradition to take place in
3576-472: A wide range of issues", but insisted the second reading debate on the bill would resume on 12 June. Around midnight, tensions escalated and clashes broke out between protesters and officers at the Legislative Council Complex. Protesters threw bottles and metal barricades at police and pushed barricades while officers responded with pepper spray. Riot police pushed back against the crowd and secured
3725-479: Is Roman Polanski whose extradition was pursued by California for over 20 years. For a brief period he was placed under arrest in Switzerland, however subsequent legal appeals there prevented extradition. The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law . Typically, in such countries, the final decision to extradite lies with
3874-586: Is a pro-Beijing , pro-business political party in Hong Kong. Chaired by Lo Wai-kwok , the party is currently the second-largest party in the Legislative Council of Hong Kong , holding eight seats. It also has two representatives in the Executive Council and five seats in the District Councils . The Alliance came into existence on 7 October 2012 after the 2012 Legislative Council election , as
4023-519: Is a part of the China–United States trade war , which is political in nature. A proposed Hong Kong extradition law tabled in April 2019 led to one of the biggest protests in the city's history , with 1 million demonstrators joining the protests on 9 June 2019. They took place three days before the Hong Kong government planned to bypass the committee process and bring the contentious bill straight to
4172-468: Is an extrajudicial procedure in which criminal suspects, generally suspected terrorists or supporters of terrorist organisations, are transferred from one country to another. The procedure differs from extradition as the purpose of the rendition is to extract information from suspects, while extradition is used to return fugitives so that they can stand trial or fulfill their sentence. The United States' Central Intelligence Agency (CIA) allegedly operates
4321-445: Is an example of when the public interest for allowing extradition outweighed the best interests of the children. In this case both parents were being extradited to Italy for serious drug importation crimes. Article 8 does not only address the needs of children, but also all family members, yet the high threshold required to satisfy Article 8 means that the vulnerability of children is the most likely circumstance to meet this threshold. In
4470-521: Is committed by treaty, and often by legal and constitutional provisions, to the right to a fair trial, and because every EU member-state is subject to the European Convention on Human Rights . The federal structure of some countries, such as the United States , can pose particular problems for extraditions when the police power and the power of foreign relations are held at different levels of
4619-507: Is found that fair trial standards will not be satisfied in the requesting country this may be a sufficient bar to extradition. Article 6 of the ECHR also provides for fair trial standards, which must be observed by European countries when making an extradition request. This court in the Othman case, whom if extradited would face trial where evidence against him had been obtained by way of torture. This
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4768-488: Is in place. The two ordinances in Hong Kong, the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance, were not applicable to the requests for surrender of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan. The pro-Beijing flagship party Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) chairwoman Starry Lee and legislator Holden Chow pushed for
4917-468: Is particularly relevant to extradition. Although regional, the European Convention of Human Rights has also been invoked as a bar to extradition in a number of cases falling within its jurisdiction and decisions from the European Court of Human Rights have been a useful source of development in this area. A concept related to extradition that has significant implications in transnational criminal law
5066-438: Is refused will accuse the other country of refusing extradition for political reasons (regardless of whether or not this is justified). A case in point is that of Ira Einhorn , in which some US commentators pressured President Jacques Chirac of France, who does not intervene in legal cases, to permit extradition when the case was held up due to differences between French and American human rights law. Another long-standing example
5215-490: Is that of aut dedere aut judicare . This maxim represents the principle that states must either surrender a criminal within their jurisdiction to a state that wishes to prosecute the criminal or prosecute the offender in its own courts. Many international agreements contain provisions for aut dedere aut judicare . These include all four 1949 Geneva Conventions , the U.N. Convention for the Suppression of Terrorist Bombings ,
5364-399: Is the list treaty, which contains a list of crimes for which a suspect is to be extradited. Dual criminality treaties generally allow for the extradition of a criminal suspect if the punishment is more than one year imprisonment in accordance with the laws of both countries. Occasionally the length of the sentence agreed upon between the two countries is varied. Under both types of treaties, if
5513-537: The 1997 handover , surpassing the turnout seen at mass rallies in support of the Tiananmen protests of 1989 and 1 July demonstration of 2003 , CHRF convenor Jimmy Sham said that 1.03 million people attended the march, while the police put the crowd at 270,000 at its peak. Hundreds of protesters camped in front of the government headquarters well into the night, with more joining them in response to calls from Demosistō and pro-independence activists. Police formed
5662-616: The Business and Professionals Alliance for Hong Kong (BPA), the two pro-business parties, suggested 15 economic crimes being exempted from the 46 offences covered by the extradition proposal. The American Chamber of Commerce in Hong Kong (AmCham) pointed out that the mainland's "criminal process is plagued by deep flaws, including lack of an independent judiciary , arbitrary detention, lack of fair public trial, lack of access to legal representation and poor prison conditions". The government responded to business chambers' concerns by exempting nine of
5811-706: The Chinese General Chamber of Commerce , the Chinese Manufacturers' Association of Hong Kong , the Federation of Hong Kong Industries , and the Hong Kong Chinese Importers' and Exporters' Association quickly welcomed the concessions, but legal scholars and pro-democrats opposing the bill argued there was still no guarantee of human rights and fair treatment for fugitives sent across the border. John Lee dismissed calls to embed those safeguards in
5960-472: The Civil Human Rights Front (CHRF); police put the peak figure at 5,200. On 28 April, the movement gained stronger momentum as an estimated 130,000 protesters joined the march against the bill; Police estimated 22,800 joined at its height. The claimed turnout was the largest since an estimated 510,000 joined the annual 1 July protest in 2014. A day after the protest, Chief Executive Carrie Lam
6109-732: The Hong Kong Journalists Association reported that the amendment would "not only threaten the safety of journalists but also have a chilling effect on the freedom of expression in Hong Kong." Speaking on behalf of the International Rehabilitation Council for Torture Victims , on 3 July 2019 the executive director of Justice Centre Hong Kong delivered a statement at the 21st meeting of the United Nations Human Rights Council in Geneva raising
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6258-780: The House of Lords David Alton , Liberal Democrat Chief Whip of the House of Commons Alistair Carmichael , Leader of the Alliance 90/The Greens in the Bundestag Katrin Göring-Eckardt , Deputy Shadow Minister for Foreign Affairs in the Canadian Parliament Garnett Genuis , Member of the Parliament of Malaysia and Chairman of the ASEAN Parliamentarians for Human Rights Charles Santiago , Member of
6407-474: The International Association of Prosecutors , and previous Director of Public Prosecutions in Hong Kong, has opined that although it is important to respect the rights of suspects, the debate has downplayed the issue of responsibilities of Hong Kong to other jurisdictions in the global combat of crime. On 4 March 2019 Justice Centre Hong Kong provided public comments outlining their concerns with
6556-493: The Legislative Council and defaced symbols associated with the People's Republic of China (PRC) and pro-Beijing elements inside the building. On 9 July, Carrie Lam said the controversial bill "is dead", but still refused to meet the protesters' demand to withdraw it. The protesters continued to demand full withdrawal of the bill, among other demands regarding alleged police misconducts and universal suffrage. The confrontations between
6705-671: The Legislative Council President . The Alliance was officially launched on 7 October 2012 on the basis of a loose political alliance under the same name on 21 August 2011, where 12 members of the Legislative Council from three pro-business groups, the Liberal Party , the Professional Forum , and the Economic Synergy joined together as a counter force to the pro-labour factions in the Legislative Council as well as
6854-766: The U.N. Convention Against Corruption , the Convention for the Suppression of Unlawful Seizure of Aircraft , the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment , the Convention for the Protection of Cultural Property in the Event of an Armed Conflict , and the International Convention for the Suppression and Punishment of the Crime of Apartheid . Some contemporary scholars hold
7003-492: The U.S. House of Representatives wrote to Chief Executive Carrie Lam asking that the bill be "withdrawn from consideration", stating that "the proposed legislation would irreparably damage Hong Kong's cherished autonomy and protections for human rights by allowing the Chinese government to request extradition of business persons, journalists, rights advocates, and political activists residing in Hong Kong." The commissioners added that
7152-1062: The US State Department . Neither Dubai authorities nor the foreign ministry of UAE respond to the several requests for comment made by CNN on the detention and extradition of Uyghurs. International Lists Individuals: Protest: Business and Professionals Alliance for Hong Kong District Court Magistrates' Court Special courts and tribunals: Chief Executive Elections Legislative elections District council elections Consular missions in Hong Kong Hong Kong–China relations Hong Kong–Taiwan relations Mainland China Hong Kong (pro-Beijing) Macau (pro-Beijing) Republic of China (Taiwan, pro-Beijing) Mainland China Hong Kong (pro-Beijing) Macau (pro-Beijing) Republic of China (Taiwan, pro-Beijing) Hong Kong (pro-Beijing) Mainland China Hong Kong (pro-Beijing) The Business and Professionals Alliance for Hong Kong ( BPA )
7301-705: The United Nations Convention Against Torture . A large majority of the European Union Parliament endorsed the report's conclusion that many member states tolerated illegal actions by the CIA, and criticised such actions. Within days of his inauguration, President Obama signed an Executive Order opposing rendition torture and established a task force to provide recommendations about processes to prevent rendition torture. In June 2021, CNN reported testimonies of several Uyghurs accounting for
7450-635: The BPA and Ip Kwok-him of the Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) led a walk-out of pro-Beijing legislators right before the historic vote on 18 June as an impromptu attempt to delay the division so that his party member Lau Wong-fat , who was delayed, could cast his vote in favour of the Beijing-backed reforms. The government's reform proposal failed as eight legislators voted in favour and 28 voted against, barely meeting
7599-646: The BPA won 10 seats in total. The alliance retained all seven seats in the 2016 Legislative Council election with the vice-chairman Jeffrey Lam narrowly defeated Liberal Party challenger Joseph Can Ho-lim in Commercial (First) . After party chairman Andrew Leung was elected President of the Legislative Council , he resigned from as chairman post and was succeeded by Lo Wai-kwok . Leung was promoted as honorary chairman alongside Lau Wong-fat , while Lau's son, Kenneth Lau who took over his father seat in Heung Yee Kuk ,
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#17328547253737748-451: The CIA on EU territory (with the cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres (" black sites ") used by the CIA, some of which could be located in Europe. According to the separate European Parliament report of February 2007 , the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of article 3 of
7897-546: The Chief Executive and her administration's push to pass the bill. Vice Premier Han Zheng and chairman of the Chinese People's Political Consultative Conference Wang Yang also spoke in favour of the extradition bill—becoming the highest-ranking Chinese state officials to give their public endorsement. Chief Executive Carrie Lam defended Beijing's involvement, saying that mainland officials offered their views only after
8046-514: The Chief Executive as the only arbiter of whether a special arrangement was to be concluded with a requesting jurisdiction without the scrutiny of the Legislative Council or without expanding the role of the courts in vetting extradition requests. Twelve current and former chairs of the Bar Association warned that the government's "oft-repeated assertion that the judges will be gatekeepers is misleading", as "the proposed new legislation does not give
8195-569: The Court power to review such matters and the Court would be in no such position to do so." Three senior judges and twelve leading commercial and criminal lawyers called the bill "one of the starkest challenges to Hong Kong's legal system" in a Reuters report. They feared it would "put [the courts] on a collision course with Beijing", as the limited scope of extradition hearings would leave them little room to manoeuvre. They were concerned that if they tried to stop high-profile suspects from being sent across
8344-470: The European Convention on Human Rights has been invoked to stop extradition from proceeding. Article 8 states that everyone has the right to the respect of their private and family life. This is achieved by way of balancing the potential harm to private life against the public interest in upholding the extradition arrangement. While this article is useful as it provide for a prohibition to extradition,
8493-482: The European Parliament from Austria Josef Weidenholzer , seven U.S. Senators and one U.S. Representative. The American Chamber of Commerce in Hong Kong (AmCham) issued a statement on 30 May, questioning the government's decision to push the bill through. AmCham also sent Matthew Cheung eight questions related to the bill following Cheung meeting with the foreign chambers of commerce on the previous day, pressing
8642-510: The Legislative Council called off the general meetings on 13 and 14 June, and also postponed the general meetings on 17 and 18 June. Pro-Beijing newspaper Sing Tao Daily reported that Lam went to meet with Chinese Vice Premier Han Zheng in Shenzhen on 14 June evening. Lam then had a cabinet meeting with her top officials at 10:30 pm, lasting until midnight. Students unions, representing some protesters, issued four demands: total withdrawal of
8791-643: The Natwest Three from the UK to the U.S., for their alleged fraudulent conduct related to Enron . Several British political leaders were heavily critical of the British government's handling of the issue. In 2013, the United States submitted extradition requests to many nations for former National Security Agency employee Edward Snowden . It criticized Hong Kong for allowing him to leave despite an extradition request. It
8940-509: The Official Opposition since 2017, shared the statement "As Beijing amasses troops at the Hong Kong border, now is the time for everyone committed to democracy, freedom, human rights, and the rule of law to stand with the people of Hong Kong, including the 300,000 ex-pat Canadians. Now, and in the coming days, we are all Hong Kongers:" on social media outlets. On 30 May, Secretary for Security John Lee rolled out six new measures to limit
9089-474: The PRC publicly supported the change and stated that 300 fugitives were living in Hong Kong. Beijing's involvement in the proposed bill caused great concerns in Hong Kong. The key provisions of the bill, as originally tabled, are as follows: In the Fugitive Offenders Ordinance (FOO) ( Cap. 503 ): And in the Mutual Legal Assistance in Criminal Matters Ordinance (MLAO) ( Cap. 525 ): Opposition expressed fears that
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#17328547253739238-606: The People's Republic of China (Mainland China), Portugal, the Republic of China (Taiwan), Russia, Saudi Arabia, Slovenia, Switzerland, Syria, Turkey, the UAE, and Vietnam have laws against extraditing their own citizens to other countries' jurisdictions. Instead, they often have special laws in place that give them jurisdiction over crimes committed abroad by or against citizens. By virtue of such jurisdiction, they can locally prosecute and try citizens accused of crimes committed abroad as if
9387-474: The Taipei homicide case as an "excuse" and questioned whether the Hong Kong government's legislation was "politically motivated". He added that Taiwanese people feared to end up like Lee Ming-che , a democracy activist who disappeared on a trip to the Chinese mainland and was later jailed for "subverting state power". Hong Kong had been a British colony until it was officially handed over to China in 1997. Since then,
9536-532: The UK made a conscious decision to create a clear divide between the two systems so that the rule of law remains robust", and that "lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice". More than 167,000 students, alumni and teachers from all public universities and hundreds of secondary schools in Hong Kong, including St. Francis' Canossian College which Carrie Lam attended, also launched online petitions against
9685-665: The United States, because the United States' federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia state courts. Ultimately, the Commonwealth of Virginia itself had to offer assurances to the federal government, which passed those assurances on to the United Kingdom, which then extradited the individual to the United States. Less important problems can arise due to differing qualifications for crimes. For instance, in
9834-493: The United States, crossing state lines is a prerequisite for certain federal crimes (otherwise crimes such as murder, etc. are handled by state governments (except in certain circumstances such as the killing of a federal official) . This transportation clause is, understandably, absent from the laws of many countries, however. Extradition treaties or subsequent diplomatic correspondence often include language providing that such criteria should not be taken into account when checking if
9983-624: The absence of an extradition agreement. States may, therefore, still request the expulsion or lawful return of a fugitive from the territory of a requested state in the absence of an extradition treaty. No country in the world has an extradition treaty with all other countries; for example, the United States lacks extradition treaties with China, Russia, Namibia, the United Arab Emirates, North Korea, Bahrain, and many other countries. There are two types of extradition treaties: list and dual criminality treaties. The most common and traditional
10132-704: The act for which extradition is sought must constitute a crime punishable by some minimum penalty in both the requesting and the requested states. This requirement has been abolished for broad categories of crimes in some jurisdictions, notably within the European Union . Many countries refuse to extradite suspects of political crimes . Such exceptions aim to prevent the misuse of extradition for political purposes, protecting individuals from being prosecuted or punished for their political beliefs or activities in another country. Countries may refuse extradition to avoid becoming involved in politically motivated cases, or gaining
10281-502: The area, while police on Harcourt Road also pushed protesters back onto the pavements. Clashes shifted to Lung Wo Road as many protesters gathered and barricaded themselves from the officers. Several hundred protesters were herded by officers towards Lung King Street in Wan Chai around 2 am and then moved onto Gloucester Road . By the end of the clearance, 19 protesters had been arrested. A general strike had been called for 12 June,
10430-422: The bill and the disproportionate use of force being used against the resulting protests . Although Taiwan authorities had attempted to negotiate directly with the Hong Kong government to work out a special arrangement, the Hong Kong government did not respond. Taipei also stated it would not enter into any extradition agreement with Hong Kong that defined Taiwan as part of the People's Republic of China. It opposed
10579-470: The bill controversy was "escalated" by foreign powers, which seized an opportunity to attack the mainland's legal system and human rights record. It was escalated to the level of " one country, two systems " and the constitutionality concerning the Basic Law . On 24 May, Chief Secretary Matthew Cheung held a special meeting involving 100 officials including principal officials, permanent secretaries and their deputies ostensibly to "bring them up to speed on
10728-500: The bill could "negatively impact the unique relationship between the U.S. and Hong Kong"—referring to the longstanding U.S. policy of giving the city preferential treatment over mainland China based on the United States–Hong Kong Policy Act . The UK-based Hong Kong Watch also issued a petition on 29 May signed by 15 parliamentarians from various countries against the extradition bill. Signatories included Member of
10877-495: The border, they would be exposed to criticism and political pressure from Beijing. The judges and lawyers said that under Hong Kong's British-based common law system, extraditions are based on the presumption of a fair trial and humane punishment in the receiving country—a presumption they say China's Communist Party -controlled legal system has not earned. On 5 June 2019, the Law Society of Hong Kong released an 11-page review of
11026-460: The bulk of evidence gathered in the investigation on a suspect for a drug-related charge. Therefore, this usually hinders the United States from moving forward with the extradition of a suspect. There is at present controversy in the United Kingdom about the Extradition Act 2003 , which dispenses with the need for a prima facie case for extradition. This came to a head over the extradition of
11175-455: The case of Norris v US (No 2) a man sought to argue that if extradited his health would be undermined and it would cause his wife depression. This claim was rejected by the Court which stated that a successful claim under Article 8 would require "exceptional" circumstances. Suicide Risk: Cases where there is risk of the individual committing suicide have also invoked article 8 as the public interest of extraditing must be considered in light of
11324-465: The city is operating under " one country, two systems ". Lam denied that the mainland was intentionally excluded from the extradition laws ahead of the 1997 handover over fears about the mainland's opaque and politically controlled legal system, or that China had agreed to the exclusion. However, the last colonial governor of Hong Kong Chris Patten and then Chief Secretary Anson Chan asserted that Hong Kong and China knew very well that there had to be
11473-434: The city would open itself up to the long arm of mainland Chinese law, putting people from Hong Kong at risk of falling victim to a different legal system. It therefore urged the government to establish an extradition arrangement with Taiwan only, and to sunset the arrangement immediately after the surrender of Chan Tong-kai. The business community also raised concerns over the mainland's court system. The Liberal Party and
11622-443: The complexity of extradition cases it is positive as it adds to the legitimacy and institutionalisation of the extradition system. Determining whether to allow extradition by the requested state is, among other considerations, a balancing exercise between the interests of the requesting state's pursuit of justice over the accused individuals, the requested state's interests in holding dominion over those presently in its territory, and
11771-548: The concessions that the additional safeguards provided by the government was "riddled with uncertainties ...[and that it] offers scarcely any reliable assurances." On 6 June, some 3,000 Hong Kong lawyers, representing around one quarter of the city's lawyers, marched against the bill. Wearing black, they marched from the Court of Final Appeal to the Central Government Offices . While lawyers expressed grave reservations about
11920-465: The conduct is not considered a crime in both of the countries involved then it will not be an extraditable offense. Generally, an extradition treaty requires that a country seeking extradition be able to show that: Most countries require themselves to deny extradition requests if, in the government's opinion, the suspect is being sought for a political crime . Many countries, such as Mexico, Canada and most European nations, will not allow extradition if
12069-566: The country's executive to extradite. Even though the United States has an extradition treaty with Japan, most extraditions are not successful due to Japan's domestic laws. For the United States to be successful, they must present their case for extradition to the Japanese authorities. However, certain evidence is barred from being in these proceedings such as the use of confessions, searches or electronic surveillance. In most cases involving international drug trafficking, this kind of evidence constitutes
12218-463: The crime had occurred within the country's borders (see, e.g., trial of Xiao Zhen ). Israeli law permits the extradition of Israeli citizens who have not established residency in Israel; resident citizens may be extradited to stand trial in a foreign country, provided that the prosecuting country agrees that any prison sentence imposed will be served in Israel. In a limited number of cases Article 8 of
12367-463: The crime is one in the country from which extradition should apply. By enacting laws or in concluding treaties or agreements, countries determine the conditions under which they may entertain or deny extradition requests. Observing fundamental human rights is also an important reason for denying some extradition requests. It is common for human rights exceptions to be specifically incorporated in bilateral treaties. Such bars can be invoked in relation to
12516-488: The day of the planned resumption of the second reading of the extradition bill. The Police started stopping and searching on commuters at the exits of Admiralty Station the night before. Sits-in began at and around Tamar Park in the morning, and around 8 am, a crowd rushed onto Harcourt Road and the nearby streets, blocking traffic. Around 11 am, the Legislative Council Secretariat announced that
12665-476: The death penalty (which has been abolished in Hong Kong) for that other crime. There are also concerns about the retroactive effect of the new law. The government's proposal was amended to remove some categories after complaints from the business sector, such as "the unlawful use of computers". Experts have noted that the legal systems of mainland China and Hong Kong follow 'different protocols' with regard to
12814-466: The death penalty is practiced in some U.S. states, as it is seen by many as an attempt by foreign nations to interfere with the U.S. criminal justice system . In contrast, pressures by the U.S. government on these countries to change their laws, or even sometimes to ignore their laws, is perceived by many in those nations as an attempt by the United States to interfere in their sovereign right to manage justice within their own borders. Famous examples include
12963-435: The death penalty may be imposed on the suspect unless they are assured that the death sentence will not be passed or carried out. In the case of Soering v. United Kingdom , the European Court of Human Rights held that it would violate Article 3 of the European Convention on Human Rights to extradite a person to the United States from the United Kingdom in a capital case. This was due to the harsh conditions on death row and
13112-641: The defendant will not be granted a fair trial on arrival, or will be subject to cruel, inhumane or degrading treatment if extradited. Several countries, such as France , the Russian Federation , Austria , China and Japan , have laws against extraditing their respective citizens. Others, such as Germany and Israel , do not allow for extradition of their own citizens in their constitutions. Some others stipulate such prohibition on extradition agreements rather than their laws. Such restrictions are occasionally controversial in other countries when, for example,
13261-523: The detention and extradition of people they knew or were related to, from the United Arab Emirates. Documents issued by the Dubai public prosecutor and viewed by CNN, showed the confirmation of China ’s request for the extradition of a detained Uyghur man, Ahmad Talip, despite insufficient proof of reasons for extradition. In 2019, UAE, along with several other Muslim nations publicly endorsed China's Xinjiang policies, despite Beijing being accused of genocide by
13410-489: The duration of time since the alleged offences occurred, health of the individual, prison conditions in the requesting state and likelihood of conviction among other considerations. Yet exactly how the standards provided for in ICCPR are incorporated or recognised by domestic courts and decision makers is still unclear although it seems that these standards can at a minimum be used to inform the notions of such decision makers. If it
13559-452: The economic crimes originally targeted. Only offences punishable by at least three years in prison would trigger the transfer of a fugitive, up from the previously stated one year. Nonetheless, these amendments failed to assuage the business community's concerns. According to the CBC , "[What the] rich business people fear is that the extradition law would destroy the freedoms people and businesses in
13708-403: The election of a committee chairman. The House Committee, with a pro-Beijing majority, removed Democratic Party 's James To , the most senior member, from his position of presiding member, and replaced him with the third most senior member, pro-Beijing Abraham Shek of the Business and Professionals Alliance for Hong Kong (BPA), thereby bypassing the second most senior member Leung Yiu-chung ,
13857-423: The erosion of Hong Kong's legal system and its built-in safeguards, as well as damage to Hong Kong's business climate. Largely, this fear is attributed to China's newfound ability through this bill to arrest voices of political dissent in Hong Kong. There have been multiple protests against the bill in Hong Kong and other cities abroad. On 9 June, protesters estimated to number from hundreds of thousands to more than
14006-463: The establishment of independent commission of inquiry. On 4 September, Carrie Lam announced that the government would officially withdraw the bill in October. However, she dismissed the other four core demands from the protesters. The bill was officially withdrawn on 23 October. Chan Tong-kai was released from prison on the same day. Extradition In an extradition , one jurisdiction delivers
14155-399: The executive of the country from which extradition is to take place, while that executive may not in fact have the authority to deport the suspect or criminal on their own. On the other hand, certain delays, or the unwillingness of the local prosecution authorities to present a good extradition case before the court on behalf of the requesting state, may possibly result from the unwillingness of
14304-520: The extradition bill in a snowballing campaign. St. Mary's Canossian College and Wah Yan College, Kowloon , which Secretary for Justice Teresa Cheng and Secretary for Security John Lee attended, respectively, also joined the campaign. Even the alumni, students, and teachers at St. Stephen's College , which the victim in the Taiwan homicide case Poon Hiu-wing attended, petitioned against the extradition bill. High Court judge Patrick Li Hon-leung's signature
14453-403: The extradition bill; retraction of all references to the 12 June protest being a riot; release all arrested protesters; and accountability of police officers who used excessive force. They warned of escalated protest action if the demands were not met. Hong Kong Catholic Apostolic Administrator Cardinal John Tong and Hong Kong Christian Council chairman Reverend Eric So Shing-yit also issued
14602-449: The extradition dispute with Canada on Charles Ng , who was eventually extradited to the United States on murder charges. Countries with a rule of law typically make extradition subject to review by that country's courts. These courts may impose certain restrictions on extradition, or prevent it altogether, if for instance they deem the accusations to be based on dubious evidence, or evidence obtained from torture , or if they believe that
14751-556: The extradition law. At the same time, a delegation led by former pro-democrat legislator Martin Lee met with U.S. Secretary of State Mike Pompeo who later released statement that he "expressed concern" that the bill could threaten the city's rule of law. On 17 May, Director of the Liaison Office Wang Zhimin met with more than 250 Beijing loyalists in Hong Kong in a two-hour closed-door meeting. He instructed them to fully support
14900-634: The extradition proposals to the Security Bureau , preempting the Hong Kong business chambers taking an interest. Subsequently, Amnesty International , Hong Kong Human Rights Monitor , and Human Rights Watch declared their opposition to the bill, warning the extradition proposal could be used as a tool to intimidate critics of the Hong Kong or Chinese governments, peaceful activists, and human rights defenders, as well as further exposing those who are extradited to risks of torture or ill-treatment. Along with other journalists unions and independent media outlets,
15049-590: The fact that while the court deciding whether to surrender the individual must uphold these rights this same court must also be satisfied that any trial undertaken by the requesting state after extradition is granted also respects these rights. Article 14 of the ICCPR provides a number of criteria for fair trial standards. These standards have been reflected in courts who have shown that subjective considerations should be made in determining whether such trials would be ‘unjust’ or ‘oppressive’ by taking into account factors such as
15198-529: The federal government, which will negotiate the extradition with the requested state. However, due to the constraints of federalism , any conditions on the extradition accepted by the federal government – such as not to impose the death penalty – are not binding on the states. In the case of Soering v. United Kingdom , the European Court of Human Rights ruled that the United Kingdom was not permitted under its treaty obligations to extradite an individual to
15347-580: The federal hierarchy. For instance, in the United States, most criminal prosecutions occur at the state level, and most foreign relations occurs on the federal level. In fact, under the United States Constitution , foreign countries may not have official treaty relations with the individual states; rather, they may have treaty relations only with the federal government. As a result, a US state that wishes to prosecute an individual located in foreign territory must direct its extradition request through
15496-566: The former chief secretary who lost to Leung Chun-ying in the race in 2012 for the Chief Executive. The group consists of seven legislators which makes it the second largest political group in the Legislative Council , six of the seven members are from the functional constituencies . Unlike the grouping of the former legislature, the Liberal Party did not join the Alliance. During the 2015 Hong Kong electoral reform , Jeffrey Lam Kin-fung of
15645-461: The fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition is normally regulated by treaties . Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition . It is an ancient mechanism, dating back to at least the 13th century BCE, when an Egyptian pharaoh , Ramesses II , negotiated an extradition treaty with
15794-467: The full legislature to hasten its approval. The bill, which would ease extradition to Mainland China , includes 37 types of crimes. While the Beijing-friendly ruling party maintains that the proposal contains protections of the dual criminality requirement and human rights, its opponents allege that after people are surrendered to the mainland, it could charge them with some other crime and impose
15943-430: The government on how it planned to address concerns from foreign diplomats in Hong Kong, and how it would ensure that the requesting jurisdictions could guarantee a fair trial. On 30 May, a joint statement was issued by British Foreign Secretary Jeremy Hunt and Canadian Minister of Foreign Affairs Chrystia Freeland to urge Hong Kong to ensure the new law was in-keeping with the city's autonomy. "We are concerned about
16092-695: The government. They fought over the Competition Bill subsequent to the Minimum Wage Bill with the support of powerful business unions and representative of small and medium-sized enterprises. After the 2012 LegCo elections , members from the two members of the Professional Forum and three of the Economic Synergy with two other independent legislators officially formed the Alliance on 7 October 2012. Members were mostly supporters of Henry Tang ,
16241-459: The gravity of the crime for which extradition was sought was not proportionate to protecting the interests of the individual's family. However the court in this case noted that even in circumstances where extradition is refused a custodial sentence will be given to comply with the principles of international comity . In contrast the case of HH v Deputy Prosecutor of the Italian Republic, Genoa
16390-402: The important conditions of double criminality and non-refoulement , as well as on the matter of executive vs. judicial oversight on any extradition request. In some cases a state has abducted an alleged criminal from the territory of another state either after normal extradition procedures failed, or without attempting to use them. Notable cases are listed below: "Extraordinary rendition"
16539-415: The individual's family life. Cases to date have mostly involved dependant children where the extradition would be counter to the best interests of this child. In the case of FK v. Polish Judicial Authority the court held that it would violate article 8 for a mother of five young children to be extradited amidst charges of minor fraud which were committed a number of years ago. This case is an example of how
16688-464: The jammed central revolving door and a small side door, the police fired another two tear gas canisters into the trapped crowd fuelling panic. Commissioner of Police Stephen Lo declared the clashes a "riot" and condemned the protesters' behaviour. Many videos of aggressive police action appeared online, showing tear gas canisters being fired at peaceful and unarmed protesters, first-aid volunteers, and even reporters. Amnesty International published
16837-452: The justification for the extradition law". Meanwhile, 11 European Union representatives met with Carrie Lam and then issued a démarche to formally protest against the bill. Also on 24 May, eight commissioners from the U.S. Congressional-Executive Commission on China (CECC), Marco Rubio , Tom Cotton , Steve Daines from the U.S. Senate , as well as James McGovern , Ben McAdams , Christopher Smith , Thomas Suozzi and Brian Mast from
16986-549: The large crowd from 3 pm all the way to 11 pm. Although crowd control measures were in force, yet the large number of participants forced police to open all the six lanes of Hennessy Road, the main route; nevertheless, the masses then spilled over onto three parallel streets in Wan Chai. While the police said that there were 338,000 demonstrators at its peak on the original route, the Civil Human Rights Front claimed
17135-401: The legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction typically makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process. The extradition procedures to which
17284-406: The limitations of freedoms imposed on an individual is part of the extradition process and is the reason for these exceptions and the importance that human rights are observed in the extradition process. Therefore, human rights protected by international and regional agreements may be the basis for denying extradition requests, but only as independent exceptions. While human rights concerns can add to
17433-409: The national executive (prime minister, president or equivalent). However, such countries typically allow extradition defendants recourse to the law, with multiple appeals. These may significantly slow down procedures. On the one hand, this may lead to unwarranted international difficulties, as the public, politicians and journalists from the requesting country will ask their executive to put pressure on
17582-472: The openness and fairness of the justice system in China, limited access to a lawyer, and the prevalence of torture, Secretary for Security John Lee said the legal sector did not really understand the bill. Amnesty International, Human Rights Watch, Human Rights Monitor and more than 70 other non-governmental organisations wrote an open letter to Chief Executive Carrie Lam on 7 June stating the "serious shortcomings in
17731-421: The opinion that aut dedere aut judicare is not an obligation under customary international law but rather "a specific conventional clause relating to specific crimes" and, accordingly, an obligation that only exists when a state has voluntarily assumed the obligation. Cherif Bassiouni , however, has posited that, at least with regard to international crimes, it is not only a rule of customary international law but
17880-467: The participation of "almost 2 million plus 1 citizens", denoting the protester who committed suicide the day before. The government issued a statement at 8:30 pm where Carrie Lam apologised to Hong Kong residents and promised to "sincerely and humbly accept all criticism and to improve and serve the public." A government source told to the South China Morning Post that the administration
18029-572: The potential effect of these proposals on the large number of UK and Canadian citizens in Hong Kong, on business confidence and on Hong Kong's international reputation. Furthermore, we believe that there is a risk that the proposals could impact negatively on the rights and freedoms set down in the Sino-British Joint Declaration ". On 13 August, Andrew James Scheer PC MP, Leader of the Conservative Party of Canada and Leader of
18178-516: The presence of prima facie evidence and the possibility of a fair trial have been waived by many European nations for a list of specified offences under the terms of the European Arrest Warrant . The warrant entered into force in eight European Union (EU) member-states on 1 January 2004, and is in force in all member-states since 22 April 2005. Defenders of the warrant argue that the usual safeguards are not necessary because every EU nation
18327-551: The pro-business parties in the Legislative Council later agreed to support the government bill. The situation was similar to the 2017 Chief Executive Election, in which the business sectors were requested to support Carrie Lam under the pressure from the Beijing's Authority. On 1 April, Hong Kong billionaire tycoon Joseph Lau , former chair of the Chinese Estates Holdings who was convicted of bribery and money laundering in
18476-525: The proposal of such laws. The Law Society recommended a proposal to specifically cover the current Taiwan murder case to be made if the government wanted to transfer the suspect soon. In addition, some members of the Law Society question the necessity of such an amendment in the absence of any major problems with extradition to mainland China or Taiwan since Hong Kong's return to China in 1997 . On another perspective, Grenville Cross , Vice-chairman (Senate) of
18625-492: The proposed Cap. 503 (FOO) amendments. It questioned the lack of additional requirements on proof-of-evidence in favour of extradition and the non-admissibility of additional evidence against extradition. It argued that the HK government should not rush to propose the current legislation, and that a comprehensive review of the current extradition system and research on the cross-jurisdiction transfer of fugitives should be done prior to
18774-674: The proposed amendment", claiming that the additional safeguards would still be unlikely to provide genuine and effective protection as it did not resolve the real risk of torture or other ill-treatment, including detention in poor conditions for indefinite periods, or other serious human rights violations which are prohibited under the International Covenant on Civil and Political Rights , the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . The first protest happened on 31 March with an attendance of 12,000 pro-democracy protesters according to organisers,
18923-456: The proposed bill on grounds that Taiwanese citizens would be at greater risk of being extradited to Mainland China. "Without the removal of threats to the personal safety of [Taiwan] nationals going to or living in Hong Kong caused by being extradited to mainland China, we will not agree to the case-by-case transfer proposed by the Hong Kong authorities," said Chiu Chui-cheng , deputy minister of Taiwan's Mainland Affairs Council . He also described
19072-406: The proposed bill, claiming the current proposal would offer greater flexibility, adding he was confident mainland authorities would stay true to their promises, even without protection clauses in the bill. The Law Society of Hong Kong urged the government not to rush the legislation but should stop to conduct extensive consultation before it goes any further. The Bar Association said in response to
19221-458: The protesters and the police had since escalated. On 21 July, the police is accused of colluding with a gang who indiscriminately attacked passengers at Yuen Long station. A poll conducted in August showed that more than 90% of supporters of the protests expressed dissatisfaction with police misconduct, and, among their five core demands, the primary demand had shifted from the withdrawal of the bill to
19370-466: The quorum of 35. Since it had been expected the reform would be voted down by 41-28 (which would fall only six votes short of the two-thirds absolute majority stipulated by the Basic Law), the failure in pro-Beijing camp's sudden tactics resulted in a surprising landslide defeat that gave the rest of the world the impression there was no support for the blueprint. In the 2015 District Council election ,
19519-479: The resumption of the legislative session from its summer recess. On 23 October, Secretary for Security John Lee announced the government's formal withdrawal of the bill. In early 2018, 19-year-old Hong Kong resident Chan Tong-kai murdered his pregnant girlfriend Poon Hiu-wing in Taiwan, then returned to Hong Kong. Chan admitted to Hong Kong police that he killed Poon, but the police were unable to charge him for murder or extradite him to Taiwan because no agreement
19668-477: The rights of the extraditable persons. Extradition raises human rights concerns in determining this balance in relation to the extraditable person. States make provision to recognise these rights both expressing in bilateral treaty agreements and also, potentially by way of state's obligations under the Universal Declaration of Human Rights , of which the International Covenant on Civil and Political Rights
19817-448: The risk of suicide by the individual if extradited. In the case of Jason's v Latvia extradition was refused on these grounds, as the crime for which the individual was sought was not enough of a threat to public interest to outweigh the high risk of suicide which had been assessed to exist for the individual if extradited. Consideration of the right to a fair trial is particularly complex in extradition cases. Its complexity arises from
19966-400: The rival factions pushed and shoved each other along the packed hallway for control of the meeting room. A number of legislators fell to the ground, including Gary Fan who fell from a table before he was sent to hospital. On 14 May, the meeting with two rival presiding chairmen descended into chaos again. Subsequently, pro-Beijing presiding chairman Abraham Shek announced that he could not hold
20115-592: The scope of extraditable crimes and raise the bar to those punishable by the sentence of three years to seven years or above—a key demand from the Hong Kong General Chamber of Commerce (HKGCC). Only requests from top judicial bodies of a requesting jurisdiction, namely the Supreme People's Procuratorate and Supreme People's Court in Mainland China, may be considered. Lee's announcement came hours after
20264-490: The second reading debate on the extradition bill had been postponed indefinitely. In the afternoon, riot police and the Special Tactical Squad , who hid their identifying numbers, were deployed. They fired tear gas and shot rubber bullets and bean bag rounds at protesters on Harcourt Road. The crowd fled to Citic Tower, where the gathering had been approved by the police and was peaceful. As people trickled through
20413-518: The second reading of the bill without a set a time frame on the seeking of public views. However, no apology nor resignation was forthcoming at this point. The pro-democracy camp demanded a full withdrawal of the bill and said they would go ahead with the 16 June rally as planned. On the day, the route from Victoria Park in Causeway Bay to the government headquarters in Admiralty was totally taken over by
20562-464: The second-largest party in the legislature, overtaking the Liberal Party who had an uneasy relationship with Beijing as the representative for the big business interests. It also slowly expanded its grassroots by absorbing Priscilla Leung's Kowloon West New Dynamic and won 10 seats in the 2015 District Council election . The Alliance retained its seven seats in the 2016 Legislative Council election which saw its party chairman Andrew Leung elected as
20711-503: The territory have grown to expect". Due to the vast power that politicians and officials exert over the mainland legal system, "businesses that want contracts in China to be respected typically include a provision that allows for any disputes to be resolved under Hong Kong law", thereby making Hong Kong a safe and stable haven for multinational corporations . The proposed extradition law would jeopardise Hong Kong's status, with some companies already considering relocation to Singapore. However,
20860-446: The threshold required to meet this prohibition is high. Article 8 does explicitly provide that this right is subject to limits in the interests of national security and public safety, so these limits must be weighed in a balancing of priority against this right. Cases where extradition is sought usually involve serious crimes so while these limits are often justified there have been cases where extradition could not be justified in light of
21009-518: The treatment of the individual in the receiving country, including their trial and sentence. These bars may also extend to take account of the effect on family of the individual if extradition proceeds. Therefore, human rights recognised by international and regional agreements may be the basis for denying extradition requests. However, cases where extradition is denied should be treated as independent exceptions and will only occur in exceptional circumstances. Common bars to extradition include: Generally
21158-415: The uncertain timescale within which the sentence would be executed. Parties to the European Convention also cannot extradite people where they would be at significant risk of being tortured inhumanely or degradingly treated or punished. These restrictions are normally clearly spelled out in the extradition treaties that a government has agreed upon. They are, however, controversial in the United States, where
21307-480: The vote with the backing of the pro-Beijing majority in the legislature. Chief Secretary Matthew Cheung defended Lam's record and dismissed the motion as "an unnecessary political gesture". Chinese central government officials weighed in when Director of the Hong Kong and Macau Affairs Office Zhang Xiaoming met a delegation led by Executive Councillor Ronny Tong in Beijing on 15 May in which Zhang showed support of
21456-466: Was adamant that the bill would be enacted and said the Legislative Councillors had to pass new extradition laws before their summer break, even though the man at the heart of a case used to justify the urgency of new legislation Chan Tong-kai had been jailed for 29 months shortly before. While reports suggested it had been the largest ever, certainly the largest protest Hong Kong has seen since
21605-462: Was held to be a violation of Article 6 ECHR as it presented a real risk of a ‘flagrant denial of justice’. The court in Othman stressed that for a breach of Article 6 to occur the trial in the requesting country must constitute a flagrant denial of justice, going beyond merely an unfair trial. Evidence obtained by way of torture has been sufficient to satisfy the threshold of a flagrant denial of justice in
21754-417: Was making it clear that there was no timetable to relaunch the suspended bill, the legislation would die a "natural death" when the current term of the Legislative Council ended in July next year. On 18 June, Carrie Lam offered an apology for mishandling the extradition bill in person, but did not meet the protesters' demands of withdrawing the bill completely or resigning. After the intense clashes on 12 June,
21903-421: Was picked as the new vice-chairman. In December 2018, legislator Ng Wing-ka of Industrial (Second) was invited to join the party, making the alliance the second largest party in the legislature with eight seats. In February 2021, after Xia Baolong said that only "patriots" must govern Hong Kong, the BPA released a statement supporting Xia's position and that it looks forward to the changes. Additionally,
22052-460: Was proposed by the Hong Kong government in February 2019 to establish a mechanism for transfers of fugitives not only for Taiwan, but also for Mainland China and Macau , which are currently excluded in the existing laws. The introduction of the bill caused widespread criticism domestically and abroad from the legal profession, journalist organisations, business groups, and foreign governments fearing
22201-433: Was spotted on a petition signed by nearly 3,000 fellow University of Hong Kong alumni. Li was reprimanded by Chief Justice Geoffrey Ma for expressing a personal opinion on a political issue, and particularly on a legal issue that might come before the courts. The pro-democracy camp , which stringently opposed the law, deployed filibustering tactics by stalling the first two meetings of the Bills Committee and preventing
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