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Hong Kong’s plan to allow extraditions to mainland China and Taiwan likely to be uneven, scholars say

  • The government wants to amend existing law to start case-by-case handovers of fugitives to any jurisdiction with which the city lacks an extradition deal
  • But scholars say legal roadblocks in other places could make it a one-sided arrangement

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Police from Guangdong province hand over suspects in a Hong Kong robbery last year. Photo: Edward Wong

A plan to allow the transfer of fugitives from Hong Kong to places such as mainland China and Taiwan has been criticised as unfair after scholars pointed out it would not be reciprocal due to legal roadblocks on the other side.

Law academics in the city said the imbalance was because of different systems among the three jurisdictions, while pan-democrats slammed the government for making the unilateral move, rather than striking separate extradition arrangements.

Hong Kong’s Security Bureau last month raised a contentious proposal to amend current law to allow transfers of fugitives on a case-by-case basis to any jurisdiction that the city has not entered into a treaty with, including mainland China and Taiwan.
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The amendment was prompted by a recent homicide case in which Hong Kong authorities were unable to extradite a resident to Taiwan. The man is suspected to have killed his girlfriend on the self-ruled island.

But two experts on mainland laws pointed out that the deal was unlikely to be reciprocal.

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