'CE Can Reject Future Beijing Rendition Requests'

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2019-06-04 HKT 16:54

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  • There are concerns in Hong Kong about future rendition requests by the central government. File photo: RTHK

    There are concerns in Hong Kong about future rendition requests by the central government. File photo: RTHK

The Chief Executive, Carrie Lam, on Tuesday played down fears that crime suspects requested by Beijing would be handed over in future, bypassing the CE or local courts that are meant to serve as safeguards.

Critics of the government's extradition amendments have long raised doubts over whether the Chief Executive can stand up to Beijing and refuse to hand over suspects sought by mainland authorities, after the new legislation is passed.

Currently, under the Fugitive Offenders Ordinance, Beijing can give an instruction to the CE whether to accept or reject an extradition request made by an overseas jurisdiction, if it would significantly affect China's interests in defence or foreign affairs.

Professor Johannes Chan, a legal scholar from the University of Hong Kong, has pointed out that when Beijing makes a rendition request to Hong Kong in future, it can give similar instructions to the Chief Executive.

In that case, the CE will have no choice but to comply, leaving Hong Kong courts as the only safeguard.

Speaking before the weekly Executive Council meeting, Lam called such claims "totally unfounded".

"There are very detailed provisions in the law that would not allow that sort of situation to happen," Lam said.

She explained that even if a local court found enough evidence to support a rendition request by Beijing, she could reject it.

Under the Basic Law, the central government is responsible for Hong Kong's defence and foreign affairs.

The Chief Executive also once again insisted that the government would stick to the extradition proposal, despite the firestorm it has sparked.

She said the legal amendments are crucial for ensuring the city's safety and to allow Hong Kong to fulfil its international obligations.

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