Hong Kong extradition treaty partners wait to see how national security law plays out
- 20 countries have agreements with Hong Kong but some have already suspended their deals, others are reviewing arrangements
- Concern that Article 55 could override articles in extradition pacts preventing transfer from Hong Kong to the mainland, says law professor
Lui, who was arrested in Boston on bribery charges in Hong Kong, was surrendered to Hong Kong just days before the city was handed over from British to Chinese control on July 1. He argued the extradition request was illegal because the US did not have an extradition treaty with China. But the US court rejected this, noting it had signed an extradition agreement with the incoming Hong Kong government, which had been granted a “high degree of autonomy” from Beijing.
The sweeping national security legislation – which critics say undermines Hong Kong’s autonomy from Beijing and its freedoms and human rights – has barred acts of secession, subversion, terrorism and collusion with foreign forces. Its broad provisions apply to Hong Kong permanent residents and foreign nationals, for relevant offences committed in Hong Kong or abroad.
Legal experts say the suspension of extradition treaties put on hold any existing cases that Canada and Australia have with Hong Kong, although other channels remain to handle suspects, including local prosecution and mutual legal assistance agreements that allow information and evidence to be obtained and exchanged between the two sides when dealing with serious offences.