'HK Courts Must Have A Bigger Say On Extraditions'

The Law Society on Wednesday urged the government not to rush into introducing new legislation on extraditions, calling for a comprehensive review of the relevant laws instead, and a bigger role for the SAR's courts in handling extradition requests.

In a lengthy statement, the society urged the government to first study extradition arrangements between other jurisdictions, including how renditions work within the same country, for example in those which have a federal system such as the United States, Australia and Malaysia.

The society said there should be extensive consultations involving all stakeholders and the public. But being as this would take time, the lawyers' group said it does not have strong objections to the idea of extraditions on a case-by-case basis if this is just "a makeshift measure" and as long as further protections are introduced.

It said one such additional safeguard is that a Hong Kong person accused of a crime overseas should have the right to dispute and resist an extradition request.

The statement adds: "The overall extradition arrangement under the bill should be made more transparent to the general public and the Hong Kong courts should have more power to oversee extradition requests".

Chief Executive Carrie Lam has repeatedly stressed that the SAR's courts will act as a safeguard when it comes to any extradition requests.

But the society said a "court's role in reviewing and rejecting a request for surrender of a fugitive is fairly limited."

It noted that magistrates would have to restrict themselves to the question of whether the evidence produced would amount to an offence in the requesting jurisdiction, and they merely have to determine whether a prima facie case exists to justify sending the defendant to face trial overseas.

The statement added that it is fundamental that a wanted person is able to defend themselves against an extradition request, and should therefore be given the right to give evidence themselves and to call evidence, as they would be in a routine committal hearing at a magistrates' court.

The society also suggests that the Hong Kong government should deal separately with a 2018 Taiwan murder case cited as a reason for the urgency for the law changes – echoing a call made by pro-democracy lawmakers.

"If the HKSAR Government considers it necessary to address expeditiously the surrender of the accused involved in the Taiwan alleged murder case, it should put forward proposals to address specifically that problem."

The society also said that no legal justification has been provided for the decision to strip nine types of crime from the list of those that could warrant an extradition under the new legislation – a move the government made to appease business leaders.

"Without any legal reasoning, at the moment we are not convinced as to why the proposed special surrender arrangement does not cover these 9 categories of crimes," the statement said.

Towards the end of the statement, the society also mentions others views put to it on the government's extradition plans, saying these opinions are equally valuable.

They include the lack an explanation as to why there is a sudden need to be able to extradite people to Taiwan and the mainland when no major issues have been flagged up regarding this over the past two decades.

Another view included is that the plan for ad hoc rendition deals "could easily and abusively be turned into a permanent mechanism to extradite Hong Kong people".

Civic Party lawmaker and barrister Dennis Kwok said the statement from the Law Society means the legal sector now shares "almost unanimous views" on the extradition plans and the government should pay serious attention to them.