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Members of the Business and Professionals Alliance for Hong Kong express their worry about the proposed amendment to the Fugitive Offenders Ordinance, at a press conference on March 7. Photo: Kimmy Chung
Opinion
Opinion
by Albert Cheng
Opinion
by Albert Cheng

Hong Kong’s extradition bill should strike fear in all who do business in China, exemptions notwithstanding

  • Despite their initial reservations, Hong Kong’s local business groups appear to be leaning towards support for the government’s revised bill. It would be a mistake, as they remain vulnerable to being targeted for prosecution on the mainland
Thousands of Hong Kong people marched on Sunday in protest against the government’s proposed amendment to the extradition law, the Fugitive Offenders Ordinance. The government should not ignore the huge public uproar.
It’s apparent that the authorities are making use of the Taiwanese murder case to justify a push now to revise the law. The new law will surely put everyone in Hong Kong at risk, since it allows the discredited judicial authorities in mainland China to request the extradition of suspects from Hong Kong.
The extradition bill is widely considered to be more evil than Article 23 of the Basic Law, the national security legislation that the government had tried but failed to enact. In Hong Kong, all court trials are based on the principle of presumption of innocence. That would even be the case for Article 23 and other laws like the proposed national anthem law. One can be defended at court in a fair manner under a well-established judicial system. The onus of proof falls on the prosecution, which has to provide evidence to prove guilt beyond reasonable doubt to obtain a conviction.

However, if the amendment to the law is passed, the decision on whether a suspect is to be sent away would be based on information provided by the requesting authorities. In the event of a request by the mainland, can we trust the information it provides? What happens after the suspect is sent back to the mainland is also a top concern.

As expected, the government is undeterred by the opposition of the business sector and foreign chambers of commerce. The amendment bill was submitted to the Legislative Council for the first reading on Wednesday.
The Business and Professionals Alliance for Hong Kong, which is supposed to represent the interests of the business sector, has shown its support for the bill; the Liberal Party’s stance, however, remains unclear. Nevertheless, it is likely that the ordinance could be passed before July. “One country, two systems” would then effectively come to an end, bringing catastrophic damage to the city’s political system and economy.

James Tien Pei-chun, a former chairman of the Liberal Party, believes that the Chinese government is behind the push for the law’s revision, and its target is mainlanders who are accused of corruption. However, once the bill is passed, no one is safe.

The government has exempted nine commercial offences from the list of 46 to try and address the concerns raised. But the business sector would be naive to think they would be secure after this exemption. People who do business on the mainland inevitably navigate some legal grey areas; they could still fall foul of the offences that remain on the list. Take for example the offence “relating to the perversion or obstruction of the course of justice”. Hong Kong businessman will have to ask themselves if they have committed inappropriate behaviour when processing any commercial documents.

Some offences are also vague and broad. One example is: “Offences for which persons may be surrendered under multilateral international conventions; offences created as a result of decisions of international organisations”. Businessmen in Hong Kong may have committed crimes unknowingly.

Fugitive tycoon Joseph Lau Luen-hung has launched a judicial review against the amendment bill, but it is seen as more of a political gesture than an application the court would entertain. This means his court challenge is unlikely to derail the legislative process. It is only a matter of time before the bill is passed.

Ironically, even though the proposed extradition law seems to pose the biggest threat to the business sector, many appear reluctant to speak up against it, and are relying on the pro-democracy camp and the media to fight their battle.

Albert Cheng King-hon is a political commentator. [email protected]

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