The report headlined, 'Comments spark extradition row' (Sunday Morning Post, March 16), may give rise to misleading impressions that arrangements for the surrender of fugitive offenders between Hong Kong and mainland China will not contain any safeguard provisions, and that fugitive offenders in Hong Kong could be surrendered to China without any restrictions.
I would like to clear up this misunderstanding.
Under the present legal system in Hong Kong, surrender of fugitive offenders must be pursuant to law, and subject to all the conditions and safeguards as laid down in law.
This may also apply to arrangements between Hong Kong and mainland China.
Such an approach is not inconsistent with Article 95 of the Basic Law (that is, the Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other) which does not rule out any safeguards to the rights of the persons affected.
The important task ahead is for Hong Kong to work out mutually acceptable arrangements with China on this important issue and to implement them through the necessary legislation in Hong Kong.
It is clearly in the interests of the two sides to reach early agreement, and to ensure that agreed arrangements will strike a balance between an individual's right to liberty and the need to prevent criminals from escaping justice.
