Extradition Loophole Is A Fact, Insists John Lee

Security Secretary John Lee said on Tuesday that it is a fact that there is a loophole in the law regarding extraditions from Hong Kong to other parts of China, even if the Bar Association insists otherwise.

In a statement issued earlier in the day, the association accused Lee, Chief Executive Carrie Lam and Justice Secretary Teresa Cheng of misleading the public by repeatedly stating that the recent murder of a Hong Kong woman in Taiwan exposed a loophole in the city's law regarding the surrender of fugitives.

The suspect in the murder case, a young man from Hong Kong, returned to the SAR and cannot currently be sent back to face trial.

The association said that when the Fugitive Offenders Ordinance was enacted in 1997, the decision was deliberately taken not to allow extraditions to other parts of China, in light of the mainland's fundamentally different criminal justice system and its track record on the protection of fundamental rights.

"I respect opinions from everybody. But to me it is a fact that I cannot deal with, first of all at present the Taiwan murder case, because there's no law. The second fact is the surrender on a case-by-case basis is full of matters that make it not practicable. So to me, it is a loophole that I must plug," Lee said.

The security minister also said it is "obvious" that the administration's planned changes to extradition laws will apply retroactively and everybody should be able to understand the need for this.

"The principle of surrender of fugitives, of course, is in regard to a person who has committed a crime previously. And that is the reason why he tries to escapes justice and becomes a fugitive. So obviously, the Fugitive Offenders Ordinance is to deal with people who have committed a crime previously."