Source:
https://scmp.com/comment/letters/article/3004454/jury-trials-could-allay-fears-about-extradition-fugitives-hong-kong
Comment/ Letters

No need to fear Hong Kong extradition law if we can ensure this

Participants in a pan-democrat rally on March 31 demonstrate against the proposed amendment to the Hong Kong extradition law to allow the transfer of fugitives to mainland China, Macau and Taiwan. Photo: Winson Wong

Now that so many people have expressed concerns about the Hong Kong government’s proposal to amend the Fugitive Offenders Ordinance, I would like to suggest a further amendment to the ordinance so that decisions to extradite any person to any jurisdiction must be made by a jury instead of a judge.

Most people would probably have greater confidence in the impartiality of a jury than that of a judge. The jury would be entitled to refuse to extradite any person if it believes that it is unsafe or unfair to do so. It would have no obligation to give reasons for its decision. The jury’s conclusion would be final.

If it is surmised that, for political reasons, a defendant is unlikely to receive a fair trial in the jurisdiction seeking to have him extradited, it might be impossible for the defendant to prove that without citing hearsay as evidence. Perhaps the law should also be amended so that defendants are allowed to adduce hearsay to prove that it would be unsafe or unfair to extradite them.

Herbert Kwok, Tai Shui Hang village

A protest on March 31 against the Hong Kong government’s proposed amendment to the Fugitive Offenders Ordinance draws thousands of protesters. Photo: Dickson Lee
A protest on March 31 against the Hong Kong government’s proposed amendment to the Fugitive Offenders Ordinance draws thousands of protesters. Photo: Dickson Lee

Why Hong Kong must protect the rights it enjoys

I refer to the report, “Thousands take to Hong Kong streets against proposal to extradite suspects to mainland China” (March 31). The demonstrators, who took to the streets on Sunday to protest against the controversial plan to allow the transfer of fugitives to jurisdictions including mainland China, Taiwan and Macau, spoke of their fears of the city opening itself up to the long arm of mainland Chinese law.

The plan is likely to have a catastrophic effect on the freedom and rights Hong Kong enjoys and to harm the reputation of the Hong Kong government. Hong Kong has a different legal system from mainland China; Hong Kong residents are protected by the Basic Law. For a city well known for the rule of law, it is of utmost importance for us, especially for the next generation, to maintain the rights we have. If the government’s plan is implemented, Hongkongers’ safety would be adversely affected. We would fear being sent to the mainland for political reasons.

Some argue that the extradition deal is nothing special, as dozens of countries have an extradition or related agreements with China – and Hong Kong is a part of China. However, while other countries can choose not to transfer suspects to China, can Hong Kong realistically do that?

In view of the forced disappearance of Hong Kong booksellers on the mainland, there is reason to be concerned about the repercussions of the proposed amendment to the law. Hopefully, Hongkongers will strive to protect the next generation.

Lau Chun Sing, Tseung Kwan O

Taiwanese human rights activist Lee Ming-che at the Intermediate People’s Court of Yueyang, in central China’s Hunan province in November 2017. Photo: AP
Taiwanese human rights activist Lee Ming-che at the Intermediate People’s Court of Yueyang, in central China’s Hunan province in November 2017. Photo: AP

Arrest of Taiwanese activist highlights Beijing’s overreach

The plight of human rights activist Lee Ming-che is further evidence of Beijing’s overreach. Mr Lee, who was detained two years ago in China for “inciting subversion of state power”, is from Taiwan. It is one thing for Beijing to accuse its own citizens of a crime; it is quite another to charge a person from another jurisdiction.

“If China’s definition of a ‘crime’ includes writing articles and social media posts from elsewhere in the world, then I am as guilty as Mr Lee,” writes Benedict Rogers in the Wall Street Journal. If his premise is true, foreign nationals whose writings are critical of the Communist Party may well be targeted as revisionists. Alas, the case of Mr Lee is a stark reminder of Beijing’s brazen overreach.

Brian Stuckey, Denver