Opinion | Setting up a central criminal court in China could allay Hong Kong fears over the extradition bill

It is patently clear that the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill, while laudable in its objectives, has deeply divided the community in Hong Kong. I believe almost everything that needs to be said have been said by both sides, except perhaps the two issues which I shall address here.

The first is the issue of rendition of fugitive offenders to Taiwan, which is the raison d’être for the amendment bill. One has to take account of the fact that the law of the People’s Republic regards Taiwan as an inalienable part of China, although the State Council’s white paper on the “One China Principle and the Taiwan Issue”, from February 2000, refers to the People’s Republic recognition for pragmatic handling of public business with Taiwan, based on the 1992 consensus.

The rendition of fugitive offenders from Hong Kong to Taiwan will have to follow this mechanism under Hong Kong’s Basic Law. The rendition power in relation to Taiwan is set out in Article 95 of the Basic Law, which states that Hong Kong “may, through consultations and in accordance with law, maintain juridical relations with judicial organs of other parts of the country, and they may render assistance to each other”. As the bill envisages rendition on a case-by-case basis, each rendition represents an agreement for juridical assistance.

The second issue is the deep disquiet of the community, particularly the legal community, over the rendition of fugitives from Hong Kong to the mainland, despite the many safeguards suggested by the Hong Kong government. This disquiet stems from the restricted role undertaken by the court in the process.