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Former justice chief Elsie Leung has said fears over the city’s extradition proposal are laughable. Photo: K.Y. Cheng

Fears over Hong Kong extradition plans ‘laughable and absurd’, former justice chief Elsie Leung says

  • Comments come as opposition lawmakers plan vote of no-confidence in city’s leader Carrie Lam
  • But Leung questions why people are afraid of trusting mainland China

A former Hong Kong justice chief has dismissed concerns surrounding the government’s extradition proposals as “laughable, uncalled-for and absurd”.

Elsie Leung Oi-sie questioned why it was a problem for Hong Kong to have an agreement with mainland China, when Beijing and Taiwan have a similar deal.

She weighed in on the debate as opposition lawmakers mounted their resistance to the controversial bill, with the Democratic Party planning to push a no-confidence vote against the city’s leader Carrie Lam Cheng Yuet-ngor.

In response to criticism of the bill, Leung said: “I find this laughable. Beijing and Taipei are so-called hostile governments.

“But even they can make deals on the transfer of fugitives. Why can’t Hong Kong and the mainland? If we refuse to hand over fugitives because it involves the mainland government, I think it is absurd.”

Thousands of people took to the streets last weekend to protest against the government’s plans. Photo: Dickson Lee

To facilitate the apprehension and extradition of criminals across the Taiwan Strait, China and Taiwan made an agreement in 2009 allowing the transfer of fugitives.

At present, there is no extradition agreement between Hong Kong and the mainland.

Leung conceded that the two places did not pursue an extradition deal during the handover, as some people did not have confidence in the city’s ruling principle of “one country, two systems”.

“That was why we held it up at that time,” she said. “But it has been more than 20 years since the handover. There are already five judicial reforms on the mainland.

“And do we think that there is not even minute improvement? Such worries are uncalled-for.”

The Hong Kong government has tabled a bill to the legislature, seeking to amend the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance to allow the transfer of fugitives to jurisdictions the city lacks an extradition deal with, including the mainland, Macau and Taiwan.

Hong Kong will not transfer political fugitives, justice minister says

The city government says the bill is aimed at closing a loophole in response to the death of a pregnant Hong Kong woman in Taiwan. The main suspect, also from Hong Kong, cannot be sent back to stand trial because there is no legal framework that allows the government to send him.

The government watered down the bill last week amid pressure from the business community, removing nine economic crimes related to tax, securities and futures, and the unlawful use of a computer, from the list of extraditable offences.

But other critics still fear the new arrangement could be abused by Beijing to target political activists. Rights groups have claimed that forced confessions and arbitrary detention are routine on the mainland.

The Hong Kong Bar Association has also questioned the government’s justification, and said it was not necessary to “over-liberalise” the law to include the mainland.

The Democratic Party is planning to table a vote of no-confidence in Chief Executive Carrie Lam. Photo: Sam Tsang

Democratic Party chairman Wu Chi-wai said: “The government might be able to turn down requests of transfer by other places. But, when it is Beijing that wants Hong Kong to hand over someone, I doubt if Carrie Lam would have the backbone to resist the central government.”

Wu said his party planned to move a motion of no-confidence against Lam, and would use any possible means to block the bill.

The chairman of the pro-government Democratic Alliance for Betterment and Progress of Hong Kong, Starry Lee Wai-king, called the move impulsive and said it could damage the public’s understanding of the importance of the bill.

“It is to politicise the bill and also unfair to Lam,” she said.

Political analyst Dr Chung Kim-wah said the bill was straining Lam’s relationship with the moderate opposition.

“The no-confidence motion is unlikely to get passed in the legislature, where the pro-Beijing camp holds the majority. But the gesture itself is still a significant signal. Even the moderate opposition is asking her to step down.”

Meanwhile, the chairman of the United States’ Congressional-Executive Commission on China, James McGovern, along with senator Marco Rubio, raised serious concerns over the extradition proposal. They said it would erode the city’s reputation as a commercial hub governed by the rule of law.

“The people of Hong Kong and foreigners residing in Hong Kong – including 85,000 Americans – must be protected from a criminal justice system in mainland China that is regularly employed as a tool of repression,” their statement read.

“We ask the Hong Kong government to ensure protections for all of Hong Kong’s residents and take into account the concerns of Hong Kong legislators, the international business community, the Hong Kong Bar Association, and human rights groups before scheduling a vote in the Legislative Council.”

Additional reporting by Sum Lok-kei

This article appeared in the South China Morning Post print edition as: Extradition worry ‘laughable’, former justice chief says
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