Hong Kong’s extradition law controversy could have been avoided if officials spoke truth to power

While Chief Executive Carrie Lam seems determined to push through the change to Hong Kong’s laws on the transfer of fugitives, did her subordinates raise the concerns that would inevitably arise from various sectors?

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Pan-democrats march from Wan Chai to the government’s headquarters in Tamar, Admiralty, to oppose the government’s proposal on amending the law on the transfer of fugitives on March 31. Photo: Winson Wong

Mike Rowse

Mike Rowse has lived in Hong Kong since 1972, and is a naturalised Chinese citizen.

Published: 6:00am, 22 Apr 2019Updated: 6:00am, 22 Apr 2019

The Hong Kong government’s well-intentioned plan to amend our arrangements for extradition of fugitives has run into trouble. This raises questions about governance and willingness within Carrie Lam Cheng Yuet-ngor’s administration to speak truth to power.

The impetus for the change to the fugitive transfer laws sprang from a case in which a Hongkonger allegedly murdered his girlfriend while they were holidaying in Taiwan last year. The man subsequently returned to Hong Kong where he was arrested for other relatively minor offences. Taiwanese authorities sought his return to the island to face murder charges there but there are no general provisions for the transfer of criminal suspects to Taiwan. The mother of the woman who was killed has pleaded for a change in the law to secure justice for her daughter.

Thus, the government has proposed amendments to the Fugitive Offenders Ordinance and the Mutual Assistance in Legal Matters Ordinance, which would apply to all legal jurisdictions that do not at present have a full-scale cooperation agreement with Hong Kong. The three-week consultation period that followed seems remarkably short for such a major piece of legislation.

The simplest way the suspect’s return could have been achieved might have been a one-off arrangement – existing Hong Kong law does provide for case-based surrender. The pan-democrats have now proposed such a plan.

They have quoted as a precedent the case of a daughter being allowed to donate part of her liver to save her mother’s life despite being below the statutory minimum age for organ donors. Suitable legislation was drafted to allow the donation to be made, though it was ultimately not needed as another donor was found.

The inclusion of Macau and mainland China in addition to Taiwan in the draft legislation, the range of offences and whether such legislation should have retrospective effect have also proved controversial.