List of Hong Kong surrender of fugitive offenders agreements
Hong Kong has entered into several surrender of fugitive offenders agreements with foreign states. The term surrender of fugitive offenders agreement is used in place of extradition treaty to signify Hong Kong's non-sovereign status.[1] As a special administrative region of the People's Republic of China since July 1997, Hong Kong is authorised by the Central Government of China to enter into such agreements, according to Article 96 of the Basic Law.[2] The legality of one such agreement was challenged in the US state of Connecticut, but the US Court of Appeals for the Second Circuit ruled that the agreement entered into between Hong Kong and the US should be regarded as a 'treaty' under US law.[3]
Article 2(1)(a) of Fugitive Offenders Ordinance (Cap. 503) allows the Hong Kong government to conclude arrangements of surrender of fugitive offenders with 'a place outside Hong Kong (other than any other part of the People's Republic of China)'. In 2019, the Carrie Lam administration proposed an amendment bill to enable Hong Kong to enter into 'special surrender arrangements' with 'a place outside Hong Kong', including other parts of the People's Republic of China.[4] Oppositions to the bill evolved to a series of wide-range protests and the bill was withdrawn.
On 30 June 2020, the Standing Committee of the National People's Congress in Beijing enacted a national security law to be imposed in Hong Kong. Several countries have since suspended the agreements with Hong Kong. In response, China and Hong Kong (on the central government's instruction) announced the suspension of Hong Kong's extradition treaties with Canada, Australia, the United Kingdom, New Zealand, Germany and the United States, as well as the shelving of a pending treaty with France,[5][6][7][8] along with the suspension of some bilateral mutual legal assistance agreements.
List of Hong Kong surrender of fugitive offenders agreements
Country | Date signed | Entered into force | Order | Text | Status | Extradition treaty with China |
---|---|---|---|---|---|---|
Australia | 15 November 1993 | 29 June 1997 | Fugitive Offenders (Australia) Order | Cap. 503C Schedule 1 | Suspended | No |
19 March 2007 | 7 May 2008 | Fugitive Offenders (Australia) (Amendment) Order 2007 | Cap. 503C Schedule 2 | |||
Canada | 7 September 1993 | 13 June 1997 | Fugitive Offenders (Canada) Order | Cap. 503B Schedule | Suspended | No |
Czech | 4 March 2013 | 13 February 2015 | Fugitive Offenders (Czech Republic) Order | Cap. 503AI Schedule | In force | No |
List of the Offences for which Surrender May be Granted | List provided under Article 3(2) | |||||
Finland | 20 May 2005 | 15 August 2013 | Fugitive Offenders (Finland) Order | Cap. 503W Schedule | Suspended | No |
France | 4 May 2017 | — | Fugitive Offenders (France) Order | Cap. 503AJ Schedule | Suspended^ | Yes |
Germany | 26 May 2006 | 11 April 2009 | Fugitive Offenders (Germany) Order | Cap. 503X Schedule | Suspended | No |
India | 28 June 1997 | 14 November 1997 | Fugitive Offenders (India) Order | Cap. 503P Schedule | In force | No |
Indonesia | 5 May 1997 | 13 July 2001 | Fugitive Offenders (Indonesia) Order | Cap. 503O Schedule | In force | Yes |
Ireland | 5 October 2007 | 14 January 2009 | Fugitive Offenders (Ireland) Order | Cap. 503AF Schedule | Suspended | No |
Korea, Republic of | 26 June 2006 | 11 February 2007 | Fugitive Offenders (Republic of Korea) Order | Cap. 503Y Schedule | In force | Yes |
Malaysia | 11 January 1995 | 16 June 2001 | Fugitive Offenders (Malaysia) Order | Cap. 503D Schedule 1 | In force | No |
17 October 2006 | 1 November 2007 | Fugitive Offenders (Malaysia) (Amendment) Order 2007 | Cap. 503D Schedule 2 | |||
Netherlands | 2 November 1992 | 20 June 1997 | Fugitive Offenders (Netherlands) Order | Cap. 503A Schedule 1 | Suspended | No |
17 February 2015 | 21 May 2016 | Fugitive Offenders (Netherlands) (Amendment) Order 2016 | Cap. 503A Schedule 2 | |||
New Zealand | 3 April 1998 | 23 October 1998 | Fugitive Offenders (New Zealand) Order | Cap. 503S Schedule | Suspended | No |
Philippines | 13 January 1995 | 20 June 1997 | Fugitive Offenders (Philippines) Order | Cap. 503E Schedule | In force | No |
Portugal | 24 May 2001 | 7 November 2004 | Fugitive Offenders (Portugal) Order | Cap. 503U Schedule | In force | No |
Singapore | 11 November 1997 | 11 June 1998 | Fugitive Offenders (Singapore) Order | Cap. 503Q Schedule | In force | No |
South Africa | 20 February 2009 | 2 December 2011 | Fugitive Offenders (South Africa) Order | Cap. 503AH Schedule | In force | Yes |
Sri Lanka | 3 September 1999 | 19 April 2003 | Fugitive Offenders (Sri Lanka) Order | Cap. 503V Schedule | In force | Pending |
United Kingdom | 5 November 1997 | 19 March 1998 | Fugitive Offenders (United Kingdom) Order | Cap. 503R Schedule | Suspended | No |
United States | 20 December 1996 | 21 January 1998 | Fugitive Offenders (United States of America) Order | Cap. 503F Schedule | Suspended | No |
^: Never in force; ratification of agreement halted
See also
References
- A Brief Guide To Issues Arising From The Fugitive Offenders And Mutual Legal Assistance In Criminal Matters Legislation (Amendment) Bill 2019 (“The Bill”), Hong Kong Bar Association
- "LCQ17: Surrender of fugitive offenders agreements". Government of Hong Kong. 20 June 2018.
Article 96 of the Basic Law, "[w]ith the assistance or authorisation of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance"
- Research Study on the Agreement between Hong Kong and the Mainland concerning Surrender of Fugitive Offenders: The Issue of Re-extradition, Legislative Council of Hong Kong
- Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, Legislative Council of Hong Kong
- "China halts Hong Kong extradition treaties with Canada, Australia, UK". Agence France-Presse. 28 July 2020. Retrieved 31 July 2020 – via Hong Kong Free Press.
- "Beijing suspends Hong Kong extradition treaty with New Zealand". Agence France-Presse. 3 August 2020. Retrieved 3 August 2020 – via Hong Kong Free Press.
- Kwan, Rhoda (13 August 2020). "Security law: Hong Kong suspends extradition treaty with Germany, shelves agreement with France in reciprocal move". Hong Kong Free Press. Retrieved 13 August 2020.
- Yew, Lun Tian (13 August 2020). "Hong Kong will suspend some legal cooperation with U.S., China says". Hong Kong Free Press. Retrieved 13 August 2020.
- List of Surrender of Fugitive Offenders Agreements, Department of Justice, Government of Hong Kong