Opinion | Hong Kong’s independent judiciary is the ultimate safeguard against extradition fears
- Extradition is neither simple nor straightforward and safeguards are in place against a miscarriage of justice, including open court hearings and the right to be heard up to Hong Kong’s Court of Final Appeal
The debate was also focused on the issue of extradition from Hong Kong to other places. But these arrangements would work in both directions. As several of our senior law enforcement officials have been saying, the amended legislation would enable Hong Kong to get suspects back from other jurisdictions to face justice here.
Perhaps a key misunderstanding is the idea that extradition can just happen – with no serious safeguards. In reality, it would not be so simple. The procedure can only take place where certain specific serious offences are concerned. The chief executive must approve each case.
Not least, every case must come before a committal hearing in open court in Hong Kong. The case would come before our own independent judiciary, with the press and public free to see everything. The individual concerned would have other rights, including the right to apply for a judicial review of the executive approval. And this, in turn, would come with the right to appeal to the Court of Final Appeal.
The involvement of our courts – up to the Court of Final Appeal – should be a major assurance to anyone who has doubts about the extradition proposals.