Hong Kong leader Carrie Lam dismisses calls for public consultation on fugitive transfers, citing urgency of Taiwan case
- Chief executive says human rights concerns are products of ‘wild imagination and paranoia’, doubling down on security chief’s vow to help victim’s family
- Bar Association head separately says lack of extradition treaty was never a loophole, but down to political considerations
Hong Kong’s leader has shrugged off calls for a public consultation on the reciprocal transfer of fugitives with mainland China, Taiwan and Macau, stressing it was not the right time to stir up a fuss over matters that had to be urgently handled.
Plan to send fugitives to mainland China ‘not cause for human rights concerns’
“If we continue to squabble among ourselves and take our time to conduct a public consultation, I’m afraid we will not be able to help this family,” Lam said on Tuesday before her weekly cabinet meeting.
She was referring to opposition from activists and the pro-democracy camp, who raised fears over China’s human rights record and fair trials for dissidents.
The issue came under scrutiny in February last year when a young Hong Kong woman named Poon Hiu-wing disappeared in Taiwan with her boyfriend Chan Tong-kai. Taiwanese authorities suspect Chan may have killed her but are unable to secure his extradition and prosecute him.
Chan returned to Hong Kong and remains in the city. He was only held in custody for separate offences relating to theft of Poon’s bank card.
There is no fugitive transfer agreement between Hong Kong and the self-ruled island.
“Anyone who read the letter from Mr and Mrs Poon will agree that we should do our very best to help them,” Lam said.
The local government proposed last week to amend the law and allow case-by-case transfers of fugitives between Hong Kong, mainland China, Taiwan, Macau, and any places not in bilateral extradition agreements with the city.
Fugitives should only be extradited to Taiwan, lawmakers and lawyers’ group urge
While the government has asked for the public to send in views by March 4, critics said the exercise was lacking, as a proper consultation typically lasted two to three months.
The pro-democracy camp and human rights advocates have strongly opposed the proposal, arguing Beijing could use such arrangements to pressure Hong Kong into handing over dissidents by simply citing economic crimes.
Lam dismissed the concerns and said lawmakers would scrutinise the bill, adding: “These are products of wild imagination or paranoia. I believe authorities, especially the security minister, will give the public a proper explanation.”
But Philip Dykes, chairman of the Bar Association, the city’s professional body for barristers, said the public should not be distracted by the Taiwan case. He said the lack of extradition agreement was never a loophole to start with.
Extraditions now and why there are no deals with mainland China, Taiwan, Macau
The human rights lawyer said it was political consideration that had prevented Hong Kong and Taipei in the past from reaching a formal extradition arrangement.
“Don’t be distracted by the case, it’s not a loophole,” Dykes said, speaking in his personal capacity in an RTHK interview.
“If you were putting a premium on having returnability for fugitives, and put that above political considerations, we would have had an agreement with Taiwan before now,” he said.
Dykes cited concerns that mainland China would not guarantee the protection of human rights and fair trials.
He said under the proposal, Hong Kong should still have a right to refuse fugitive transfers with the mainland, while having similar agreements with Taiwan and Macau. “Whether it’s politically acceptable, it’s another matter.”
The bottom line, according to the leading lawyer, was that one-off transfers were very rare, and these should not replace a formal agreement.
Meanwhile, Taiwan justice minister Tsai Ching-hsiang, pressed by lawmaker Hsu Yung-ming of New Power Party on concerns fugitive residents of the island would be deported to mainland China, said at a parliamentary session that he was aware of this.
“The matter is essentially only between Hong Kong and mainland Chinese governments,” he said, but vowed to further study the case.
Taiwan cabinet spokeswoman Kolas Yotaka previously said Taiwan welcome and looked forward to the extradition arrangement.