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Legislative Council of Hong Kong
Hong KongLaw and Crime

Fugitives face extradition to Macau, Taiwan and mainland China under Hong Kong government proposal to amend law this year

  • Change aimed at plugging loopholes exposed by a homicide case in which Taiwanese authorities were unable to prosecute a Hongkonger
  • Security Bureau revealed plan to amend Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance

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Hongkonger Chan Tong-kai is accused of killing his pregnant girlfriend in Taiwan but fled back to Hong Kong. Photo: Winson Wong
Gary Cheung,Alvin LumandNg Kang-chung

The extradition of fugitives between Hong Kong, Macau, Taiwan and mainland China may be possible as early as the second half of this year under a government proposal to amend legislation and enable the surrender of suspects in criminal cases.

The policy change is aimed at plugging loopholes exposed by a homicide case in February last year in which Taiwanese authorities were unable to prosecute a Hongkonger accused of killing his pregnant girlfriend in Taipei before fleeing to Hong Kong.

Taiwan’s request for his surrender to stand trial on murder charges could not be processed in the absence of a formal extradition arrangement between the two jurisdictions.

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The Security Bureau on Tuesday revealed its plan to amend the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance, laws which currently do not apply to “any other part of the People’s Republic of China”.

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The final say on an extradition case would rest with the city’s courts. Photo: EPA
The final say on an extradition case would rest with the city’s courts. Photo: EPA

The amended legislation would allow Hong Kong to surrender fugitives to any jurisdiction with which the city has not entered into any bilateral extradition agreements, including Macau, Taiwan and the mainland.

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