'UK Decision A Vote Of No Confidence In HK Courts'

The vice chairwoman of the Bar Association, Anita Yip, said on Tuesday that Britain's decision to “immediately and indefinitely” suspend extradition arrangements with Hong Kong is a “vote of no confidence” in the city’s justice system after the introduction of the controversial national security law (NSL).

The British Foreign Secretary, Dominic Raab, has said he had concerns about the new law and the possibility that it could be misused and abused.

Britain is the latest Five Eyes member to cut off fugitive-transfer arrangements with the SAR – Canada and Australia have already done so, citing fear of political prosecution after Beijing imposed the national security law. The United States has announced it plans to do the same, while New Zealand is reviewing its pact with Hong Kong.

Yip said some countries now fear if their nationals will get a fair trial here.

“Under the NSL, even though rights guaranteed under the Basic Law and the ICCPR (International Covenant on Civil and Political Rights) are supposed to apply to Hong Kong… we see within the NSL provisions which are inconsistent or may even contravene the ICCPR,” she said.

Yip pointed out the right to open trial or a jury trial as examples.

She also cited clauses which say when provisions of local laws are inconsistent with the new law, the NSL shall prevail and the ultimate power of interpretation of the new law lies not in Hong Kong courts but with National People’s Congress Standing Committee.

“Now all these may give rise to legitimate, grave concerns in these overseas countries,” she said.

Yip also said she won’t be surprised if more countries follow suit, though some may adopt a wait-and-see approach to see how the implementation of the new law pans out. “It is like putting Hong Kong on probation,” she said.

She told RTHK’s Priscilla Ng that people who promoted the new law as a vehicle that will bring stability to the SAR should explain why the opposite seems to be happening now.