Letters | Changes to Hong Kong’s extradition process undermine the rule of law and serve the Communist Party

The Democratic Alliance for the Betterment and Progress of Hong Kong is using the grief of a bereaved family to push legislation that benefits the Chinese government

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DAB chairman Starry Lee Wai-king (left) holds a press conference with the mother of the victim of a suspected murder in Taiwan last year. Photo: Sam Tsang

Published: 4:47am, 9 Mar 2019Updated: 4:46am, 9 Mar 2019

As a result of a case last year, in which a Hong Kong man fled back to Hong Kong after allegedly committing murder in Taiwan, the government has proposed to amend the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance to allow the transfer of fugitives to places Hong Kong does not have an extradition treaty with, on a case-by-case basis. The chief executive would issue a certificate to initiate the process, but the final say would rest with the city’s courts.

The Democratic Alliance for the Betterment and Progress of Hong Kong (DAB) has shamelessly used the pain of the family of the woman who was murdered to promote legislation that serves the Communist Party’s purposes.

All Hongkongers should oppose the legislation. First, we must oppose all “one-off arrangements” as these undermine the rule of law.

Under international law, countries may refuse the extradition of nationals, or of people expected to be prosecuted for a political offence, or in cases of double jeopardy.

Will justice be served by proposed changes to fugitive laws?

If a Taiwanese couple visited Hong Kong and the man murdered the woman and fled home, Taiwan could not easily transfer the man back to Hong Kong for trial because there is no extradition agreement between Hong Kong and Taiwan.

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