Letters | Why talk of new Hong Kong extradition terms must raise spectre of missing Causeway Bay booksellers saga

The government has not sufficiently explained the reasons for some proposed changes, such as the removal of Legco’s power to vet the chief executive’s orders

Moreover, ‘one country, two systems’ poses challenges that must be addressed

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Lam Wing-kee, one of the Hong Kong booksellers who was detained on the mainland and subsequently freed, stands next to a placard with a picture of missing bookseller Gui Minhai (left) in front of his bookstore during a march in Hong Kong in October 2017. Photo: AP

Published: 8:00am, 12 Apr 2019Updated: 8:00am, 12 Apr 2019

While I support the proposed amendment to the Hong Kong’s laws on the transfer of fugitives to the mainland, Taiwan and Macau to ensure that justice is served, the bill ought to go through careful discussion. The chief executive appears to be attempting to rush the bill through the Legislative Council by securing votes from the business sector, exempting nine commercial offences while ignoring other concerns of the public or parties which do not have decisive votes in Legco.

The proposed changes have not been sufficiently explained, raising questions. Moreover, Hong Kong’s “one country, two systems” framework complicates the matter.

First, under the proposed changes, the chief executive will issue a certificate to activate the extradition procedure, which will no longer be required to be vetted by the Legislative Council. The court will continue to have the final say. Although the pro-Beijing camp dominates Legco, which would be of concern when extradition requests come from Beijing, the government has not clearly explained why Legco has been sidestepped.

Second, under “one country, two systems”, the chief executive is appointed by China’s central government. By nature, the chief executive is politically dependent on and accountable to China.

Given the recent spate of politically sensitive cases in Hong Kong, fear of unfair and arbitrary arrest over complaints from mainland China are a legitimate public concern. For example, Gui Minhai, a bookseller linked to Causeway Bay Books, disappeared from Thailand in 2015 and reappeared in China where the authorities said he was detained for being involved in a fatal drink-driving accident.

Although the Hong Kong government has promised not to deal with politically sensitive cases under the amended bill, the Gui Minhai case raises the possibility that other violations could be used to request extradition. In such cases, what would the chief executive consider first – the rightfulness of the arrest or accountability to China?

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Letters | Why talk of new Hong Kong extradition terms must raise spectre of missing Causeway Bay booksellers saga