Hong Kong: Resumption of Proposed Amendments on Extradition

(Hong Kong) – The Hong Kong government should withdraw proposals for the revision of two extradition laws, Human Rights Watch said today in a joint letter to Hong Kong's Executive Director, Carrie. Lam. The amended laws would allow the transfer of persons accused of crimes abroad to mainland China, as well as to other countries, where they would be at risk of torture or deportation. other forms of ill-treatment and unfair trials. The letter was co-signed by Amnesty International Hong Kong and the Hong Kong Human Rights Monitor.

"The proposed amendments to Hong Kong's extradition laws would allow transfers to mainland China, exposing Hong Kongers to torture and unfair trials," said Sophie Richardson, China's director. "The amendments would tarnish Hong Kong's rule of law reputation and should be removed."

The Chinese judicial system has a history of arbitrary detention, torture and other ill-treatment, serious violations of the right to a fair trial and various systems of incommunicado detention without trial. These problems are exacerbated because the judiciary lacks independence from the government and the Chinese Communist Party.

Under the current legislation, the Hong Kong Government may extradite persons only to countries with which it has concluded extradition agreements or to other countries on a case-by-case basis. Modifications to these arrangements are to be ordered by the Hong Kong Chief Executive, chosen by Beijing and closely scrutinized by the Legislative Council, Hong Kong's partially elected legislative body.

In February 2019, the Hong Kong Security Bureau proposed to amend the Fugitive Offender Ordinance and the Order on Mutual Legal Assistance in Criminal Matters, in order to extend the agreements case-by-case extradition to mainland China. They would also remove the role of the Legislative Council in reviewing these individual demands of the executive, a crucial layer of government and public scrutiny.

The International Covenant on Civil and Political Rights (ICCPR), which applies in Hong Kong, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which Hong Kong is bound, as well as the right to customary international law, prohibit the return of persons to places where there is a real risk of torture and other ill-treatment, unfair trials and other serious violations of human rights.

"These amendments would increase the risk for human rights activists and other critics that China is extradited to the mainland for a trial on fabricated charges," said Richardson. "It is a devastating blow to the freedoms promised by Hong Kong during its transfer to Chinese sovereignty in 1997".