The professional body for barristers in Hong Kong has proposed allowing courts to judge overseas murder cases in which residents of the city are suspects or victims. The Hong Kong Bar Association also said a government plan to introduce one-off arrangements to transfer fugitives that would cover mainland China and other parts of the world was too loose and lacked appropriate safeguards. In a 22-page paper released on Monday, the association advanced alternative proposals. These include widening the scope of local criminal laws to cover overseas murder cases involving Hong Kong permanent residents or restricting the one-off transfer of fugitives to cases involving Taiwan for the time being. “To address the courts’ lack of jurisdiction in future cases such as the Taiwan homicide case, amendments might be made to the Offences Against the Person Ordinance and the Criminal Jurisdiction Ordinance to extend Hong Kong criminal courts’ jurisdiction over situations where permanent residents committing homicide outside Hong Kong and where the victim of such homicide is a Hong Kong permanent resident,” the association wrote. “Tabling a limited amendment to include Taiwan for ad hoc arrangement for surrender and putting in place a one-off regulation for the case in question will dispense with the controversy surrounding the current proposals.” A legal source said the Law Society would explore a similar proposal. The Post learned the society had previously asked the Security Bureau for more time to make its submission, which was due on Monday. The extradition issue has been in the spotlight since a young Hong Kong woman disappeared in Taiwan during a holiday with her boyfriend Chan Tong-kai last February. Her body was later found in Taipei. Taiwanese authorities suspected Chan of killing her, but could not extradite him since there was no arrangement between the two places. Extradite fugitives to Taiwan only, opposition lawmakers urge government Chan only faced charges in Hong Kong of stealing from the woman’s bank account and was in custody pending trial. The bureau in February proposed the reciprocal transfer of fugitives on a case-by-case basis with jurisdictions with which Hong Kong has no extradition treaty. The controversial proposal, which the government hoped to pass into law by July, would effectively extend extradition to Macau, Taiwan, and mainland China. Currently, a murder charge can only be brought in Hong Kong courts if the crime took place or was planned in Hong Kong or the victim’s body was found there. The Criminal Jurisdiction Ordinance cited by the legal body, however, empowered Hong Kong courts to hear cases of forgery, blackmail, theft and some other crimes, even if they were committed outside Hong Kong. There are similar powers for judges to put on trial Hongkongers accused overseas of sexual offences against children. The current proposals have significant and wide-ranging effects and potentially undermine the reputation of Hong Kong as a free and safe city governed by the rule of law Hong Kong Bar Association paper In its paper, the association noted concerns had been expressed about mainland China’s judicial system, citing Australian lawmakers who refused to ratify an extradition treaty. While it stressed it did not want Hong Kong to be a refuge for fugitives, the legal body said lawmakers in 1997 had chosen to exclude mainland China from the Fugitive Offenders Ordinance. The government had to justify why circumstances had changed since then, it added. “If there have been demonstrable changes such that the HKSAR Government now has confidence in the criminal justice system in... China then logic would suggest that comprehensive surrender and assistance agreements, instead of ad hoc agreements, should be negotiated,” the association wrote. “In summary, the current proposals have significant and wide-ranging effects and potentially undermine the reputation of Hong Kong as a free and safe city governed by the rule of law.” Under the proposal, the extradition procedure would be triggered by the chief executive issuing a certificate to be taken to court for the provisional arrest of the alleged fugitive. Extradition agreement with mainland China would serve the rule of law, not Beijing Lawmakers would not be able to scrutinise such an arrangement as taking it to the legislature could alert the fugitive, the government argued. The association however said the arrangement could weaken fugitives’ human rights protections by leaving the only safeguard in the hands of a magistrate, who would be limited to ensuring the government complied with formal requirements, such as presenting prima facie evidence. Former Hong Kong police commissioner Tang King-shing, now a delegate to the Chinese People’s Political Consultative Conference, said the Hong Kong government should look into why people were worried about the legislation and allay their fears. “The government should examine whether there are problems in the proposal. If yes, they should work with legislators to sort it out. If there is no big deal, the government also has the responsibility to explain and resolve doubts.”