Macau handed Hong Kong residents to mainland authorities, despite court declaring it illegal
Legal experts pose questions on the ability of Hong Kong and Macau to safeguard their citizens’ rights under legal cooperation agreement
Law enforcement agencies in Macau used extrajudicial means to turn over at least three people – two of them Hong Kong permanent residents – to the mainland authorities in recent years, according to court documents and sources .
Macau’s Court of Final Appeal ruled in 2007 and 2008 that their return to the mainland was illegal and undermined justice in Macau, but apparently no sanctions were imposed upon the agencies involved. The legitimacy of another case was raised by local media in 2015.
As the mystery of how five Hong Kong booksellers ended up “assisting investigations” on the mainland remains murky, fears are growing stronger both in Macau and Hong Kong over the possible use of extrajudicial methods – and the terms of the agreement for surrender of fugitives between the special administrative regions, which have been discussed behind closed doors for two and a half years.
A lawyer based in Macau, who asked not to be identified, said: “All of this causes me great concern as a lawyer and also as a citizen. It’s futile to have illusions ... China will continue to detain people and send them back to the mainland with the collaboration of the local authorities.
“Probably the agreement is to legitimise what they have already been doing, because they know it’s illegal.”
On March 18, 2007, a woman took a ferry from Hong Kong to Macau, but it was to be no ordinary trip. When crossing the border, she was intercepted by immigration officials “to collaborate in an investigation,” a court document reads.