'HK Must Seek Fair Trial For Suspects Handed Over'

Human rights lawyer and head of the Bar Association, Philip Dykes, said on Monday that the Hong Kong government should guarantee that mainland authorities treat crime suspects handed over in the same way as other countries with which the SAR has extradition pacts.

In an exclusive interview with RTHK, Dykes said he has concerns about whether the authorities across the border would ensure a fair trial to suspects if they are sent back to the mainland under a controversial Hong Kong government proposal.

The human rights lawyer, speaking in his personal capacity, pointed out that the Australian parliament withdrew a plan to ratify an extradition treaty with China in 2017, despite having spent years reaching the agreement.

Some Australian lawmakers were unconvinced that fugitives being handed back to the mainland would be given a fair trial and proper human rights protection. Dykes said he shares those concerns.

He pointed out that suspects on the mainland may not receive the same protection as in Hong Kong.

Under the proposal, the SAR government would adopt a one-off, case-by-case approach to the handing over of fugitives or offer legal assistance to jurisdictions with which Hong Kong has not got an agreement, including the mainland and Taiwan.

The officials said that would plug a loophole that makes it difficult for a Hong Kong teenager, who allegedly killed his girlfriend during a trip to Taipei last year, from being handed over to Taiwan authorities because the two places do not have a rendition agreement.

Pan-democrat lawmakers are worried about the plan, saying it would make political prosecutions possible while pro-government lawmakers reject such doubts, saying grounds for extraditions are clearly spelt out in the plan.

While Dykes agreed that the SAR won't be able to send criminal suspects to Taiwan without amending existing laws, he said the adhoc arrangement is not the best solution to the problem.