OpinionMore than quick fix needed on cross-border transfer of crime suspects

The lack of formal agreements between Hong Kong and other parts of China on the transfer of crime suspects is a long-standing problem. It first caused controversy 20 years ago when gangster Cheung Tsz-keung was arrested, tried and executed on the mainland for crimes mostly committed in this city. The issue arose again in 2014 when tycoon Joseph Lau Luen-hung was jailed for corruption in his absence by a court in Macau, but chose to remain in Hong Kong. More recently, the city’s inability to send a Hong Kong man accused of murdering his pregnant girlfriend in Taiwan to stand trial there underlined the urgent need for arrangements to be put in place.

The government’s response, a proposed change in the law to allow for transfers to places which do not already have an agreement with Hong Kong, is therefore welcome. Transfers would be on a case-by-case basis and include the surrender of suspects to the mainland, Macau and Taiwan. This would plug the loophole preventing the Taiwan murder suspect from being returned.

Will justice be served by proposed changes to fugitive laws?

But care must be taken to ensure suspects are treated fairly and their rights respected. There must be sufficient safeguards, as the arrangements would potentially apply to many different legal systems around the world. The government’s proposal is that restrictions already in place for extradition treaties would apply to the new arrangements. Suspects cannot be transferred to face political crimes, or offences which do not exist in Hong Kong. They cannot be returned if they will face racial, religious or political prejudice or be sentenced to death. Only the 46 offences listed in the existing law will be covered. These provisions should ease some of the concerns about suspects being sent by Hong Kong to face trial on the mainland. But uncertainties remain about precisely how the arrangements would work and whether they would be open to abuse. The government must provide detailed explanations to clear the doubts.

Sufficient oversight of the process is also important. The proposal would see transfers authorised by the chief executive and then scrutinised by Hong Kong’s courts. The city’s independent judiciary would be relied upon to ensure the process is not abused.

The proposed law change is a step in the right direction. Cross-border crime is growing and offenders should not be able to use legal loopholes to escape justice. But the new case-by-case arrangement is more of a quick fix than a sustainable solution. The government should push ahead with efforts to forge extradition arrangements with other jurisdictions. The city has signed only 20 so far. Work on a long-awaited rendition agreement with the mainland should also continue. Bilateral agreements remain the best way to put the transfer of suspects across borders on a firm legal footing.