【Why i support Hong Kong’s Fugitive Offenders Amendment Legislation】

As a consistent supporter of the government’s fugitive offenders amendment legislation, as the debate heated up and riots broke out, I have received e-mails from locals and expatriates appealing to me to abandon support.
As a lawmaker elected by universal suffrage, I face no less pressure than judges in facing public pressure.

So why am I supporting the bill?

That’s because it is simply not true, as the slogan of the anti-legislation campaign and its video suggests, that large numbers of Hong Kong people would face extradition to mainland China overnight, or that critics of the Chinese Government, human rights advocates, or foreign businessmen working in Hong Kong will be in jeopardy.

After the government has agreed to delete 9 category of criminal offences, and raised the threshold to cover offences punishable with 7 years’ imprisonment, the scope of the bill has been greatly narrowed. Only those allegedly involved in really serious crimes punishable with 7 years’ imprisonment would be at risk of being surrendered to mainland China or any other jurisdiction with which we do not yet have a formal rendition bilateral agreement.

Moreover, under the “double criminality” criterion, criticisms of any government or human rights advocacy by no means constitute criminal offences in Hong Kong. So media workers, human rights advocates, critics of any government need not worried about being surrendered. Every executive decision made by the Chief Executive is judicially reviewable. The power to make surrender does not rest in her alone.

I note that a high court in New Zealand just rejected an extradition request from China concerning an ethnic Korean New Zealand citizen allegedly involved in killing a sex worker in China. The reason being that the court does not believe a fair trial in China is possible.

This case shows our courts are perfectly capable of drawing on such precedent if they are not satisfied that a fugitive wanted by another jurisdiction would face a fair trial if surrendered.

Our judges are appointed by the Hong Kong SAR Government, with approval by our legislature. They are perfectly independent. They need not fear pressure from any quarters. They are professionally trained and I am confident that they will be able to carry out their duties without fear or favour, as they have pledged to on appointment.