EditorialProposed extradition of crime suspects needs careful thought

The government’s plan to allow crime suspects to be transferred to the mainland, Taiwan and other places that do not have a formal agreement with Hong Kong has met with much criticism. Concerns about the implications of this proposed change to the law have been raised not only by pro-democracy politicians, but also the Bar Association and the business community.

Some local businesspeople are worried they may inadvertently commit economic crimes on the mainland and be sent there for trial. They have asked for white-collar crimes to be removed from any new arrangement. The American Chamber of Commerce warned last week of grave concerns among the international business community. Allowing the transfer of suspects to the mainland for trial would, it said, “undermine perceptions of Hong Kong as a safe and secure haven for international business operations”. Meanwhile, the Bar Association, argued the proposals have “significant and wide-ranging effects and potentially undermine the reputation of Hong Kong as a free and safe city governed by the rule of law”.

The legal amendment would allow for suspects to be transferred to and from places that currently do not have an extradition or rendition agreement with Hong Kong, on a case-by-case basis. The move was sparked by the city’s inability to send one of its residents to Taiwan to face trial for the alleged murder of his girlfriend there.

Measures that ensure justice can be done are welcome, and Hong Kong must not be allowed to become a safe haven for fugitives. But the government’s proposal is a quick fix, which raises many questions. Officials must keep an open mind and carefully consider all of the concerns that have been raised. The best way of securing the transfer of suspects to the mainland, Taiwan or anywhere else, is through the signing of comprehensive bilateral agreements. This is the way to ensure that adequate safeguards are put in place to guard against abuse and to ensure suspects are treated fairly. Any such arrangement with the mainland, given its very different legal system and concerns about due process, will inevitably be complex and controversial. This, no doubt, is why no rendition deal has been reached with the mainland more than 20 years after the handover.

Work on extradition and rendition agreements with the mainland, Taiwan and elsewhere, should be pursued. Meanwhile, alternative proposals for resolving the Taiwan murder case have been suggested. These could limit the scope of the arrangement and ease concerns. They should be taken seriously. The government’s proposal for ad hoc arrangements should be reviewed and the concerns addressed. This is an issue of great significance, with implications for the rule of law, and it should not be rushed.