'Change Law To Try Taiwan Murder Suspect Here'

University of Hong Kong academic and Basic Law Committee member Albert Chen says despite the shelving of the government's extradition bill, law changes could still be possible for a Hong Kong man accused of murdering his girlfriend in Taiwan last year to be tried in a local court.

Chen said that for Chan Tong-kai to be put on trial in Hong Kong, local courts would need to be given extra-territorial jurisdiction, which would require amending current laws.

The pro-Beijing academic said extra-territorial jurisdiction is already allowed under English law in murder cases that occurred outside of the country and involved its nationals.

He also said Hong Kong courts already have extra-territorial jurisdiction in criminal crimes under, for example, the Child Pornography Ordinance and the Crimes Ordinance involving the sexual abuse of children.

"There are sufficient precedents both in English law and Hong Kong law for some kind of extra-territorial jurisdiction over serious criminal offences," he said.

Instead of making changes to the law involving all cases subject to extradition, Chen said it would be easier to add "one or two offences" – murder and manslaughter – to the list of crimes that can be tried on the basis of extra-territorial jurisdiction, under a single amendment to the Offences Against the Person Ordinance.

He said this would address the Taiwan murder case as well as other possible future cases.