Has Hong Kong become a home for fugitives fleeing mainland law enforcement?

Is it too early to raise the question of whether Hong Kong will become a haven for absconders? In recent times, we’ve seen refugees coming here to seek asylum, and now fugitives from the mainland’s law enforcement authorities coming here for protection.

Bookseller Lam Wing-kee, who was arrested and detained by mainland authorities for smuggling illegal books, has breached the conditions of his bail by returning to Hong Kong. Before giving him round-the-clock protection, the Hong Kong police should carefully consider the implications of their decision.

First, despite the lack of a judicial assistance agreement on criminal matters between Hong Kong and the mainland, mainland authorities have in the past voluntarily delivered to Hong Kong numerous fugitives who had committed crimes in Hong Kong, as a gesture of good faith. Mainland police may now ask for a similar favour in return. If their request is denied, the relationship between the central government and Hong Kong could be adversely affected.

Bookseller Lam Wing-kee may leave Hong Kong over safety fears

Second, under Article 95 of the Basic Law, Hong Kong and the mainland should long ago have reached an agreement on criminal judicial assistance. By shielding Lam, the Hong Kong government will give the impression it has no intention to reach such an agreement. This will encourage other fugitives fleeing from the mainland to come to the city to avoid justice. Such developments may jeopardise Hong Kong’s position under “one country, two systems” and aggravate the city’s political divisions.