Legco Adviser Quizzes Govt Change On Fugitive Law

A legal adviser for the Legislative Council has written to the government, questioning whether there has been a change in the officials' approach in dealing with the handover of fugitives to the mainland.

In his “urgent” letter to the Security Bureau, Timothy Tso asked the administration to clarify 25 points, covering a series of issues surrounding the administration's controversial proposal to amend extradition laws.

Tso cited Legco minutes from before 1997 as saying that instead of including the mainland in the Fugitives Offenders Ordinance, “it was envisaged that a formal rendition arrangement with the mainland for the surrender of fugitive offenders would be separately established”.

The legal adviser pointed out that there are ad hoc arrangements currently in place to allow Hong Kong to surrender fugitives to places with which the SAR does not have an agreement now.

He questioned why such arrangements are considered “impracticable” now, and whether the arrangements would become “redundant or meaningless”, if the government’s amendment bill is passed.

Furthermore, the legal adviser questioned whether the Chief Executive would give reasons for her decision on whether a fugitive should be extradited, if the government’s proposal is passed. He also asked whether such decisions would be subject to judicial review.

Tso cited a paper submitted by the Security Bureau to Legco in 1998 in which it said authorities must take into consideration the One Country, Two Systems principle and the differences in the legal and judicial systems of the two places when devising a rendition arrangement with the mainland. He asked the government to clarify whether such guiding principles are still applicable.

He added that under the government’s proposal, the surrender of offenders would not be scrutinised by Legco. He asked how the government could be accountable to Legco in accordance with the Basic Law.

The questions about safeguards and grounds of refusal in connection with the proposal also figured among the queries.

Tso cited a United Nations treaty which says that a mandatory ground for refusal of extradition is that the person whose extradition is requested has not received or would not receive the minimum guarantee in criminal proceedings as contained in the International Covenant on Civil and Political Rights, namely, the right to justice and a fair trial.

He asked the government to clarify whether similar safeguards could be added to its proposal.

In his letter dated April 30, Tso has asked the Security Bureau to provide replies to the questions “as soon as practicable, preferably by May 14".