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Hong Kong has entered into several surrender of fugitive offenders agreements with foreign states. The term surrender of fugitive offenders agreement is used in place of extradition treaty to signify Hong Kong's non-sovereign status. [1] As a special administrative region of the People's Republic of China since July 1997, Hong Kong is authorised by the Central Government of China to enter into such agreements, according to Article 96 of the Basic Law. [2] The legality of one such agreement was challenged in the US state of Connecticut, but the US Court of Appeals for the Second Circuit ruled that the agreement entered into between Hong Kong and the US should be regarded as a ' treaty' under US law. [3]

Article 2(1)(a) of Fugitive Offenders Ordinance (Cap. 503) allows the Hong Kong government to conclude arrangements of surrender of fugitive offenders with 'a place outside Hong Kong (other than any other part of the People's Republic of China)'. In 2019, the Carrie Lam administration proposed an amendment bill to enable Hong Kong to enter into 'special surrender arrangements' with 'a place outside Hong Kong', including other parts of the People's Republic of China. [4] Oppositions to the bill evolved to a series of wide-range protests and the bill was withdrawn.

On 30 June 2020, the Standing Committee of the National People's Congress in Beijing enacted a national security law to be imposed in Hong Kong. Several countries have since suspended the agreements with Hong Kong. In response, China and Hong Kong (on the central government's instruction) announced the suspension of Hong Kong's extradition treaties with Canada, Australia, the United Kingdom, New Zealand, Germany and the United States, as well as the shelving of a pending treaty with France, [5] [6] [7] [8] along with the suspension of some bilateral mutual legal assistance agreements.

List of Hong Kong surrender of fugitive offenders agreements

Country Date signed Entered into force Order Text Status Extradition treaty with China
  Australia 15 November 1993 29 June 1997 Fugitive Offenders (Australia) Order Cap. 503C Schedule 1 Suspended No
19 March 2007 7 May 2008 Fugitive Offenders (Australia) (Amendment) Order 2007 Cap. 503C Schedule 2
  Canada 7 September 1993 13 June 1997 Fugitive Offenders (Canada) Order Cap. 503B Schedule Suspended No
  Czech Republic 4 March 2013 13 February 2015 Fugitive Offenders (Czech Republic) Order Cap. 503AI Schedule In force No
List of the Offences for which Surrender May be Granted List provided under Article 3(2)
  Finland 20 May 2005 15 August 2013 Fugitive Offenders (Finland) Order Cap. 503W Schedule Suspended No
  France 4 May 2017 — Fugitive Offenders (France) Order Cap. 503AJ Schedule Suspended [a] Yes
  Germany 26 May 2006 11 April 2009 Fugitive Offenders (Germany) Order Cap. 503X Schedule Suspended No
  India 28 June 1997 14 November 1997 Fugitive Offenders (India) Order Cap. 503P Schedule In force No
  Indonesia 5 May 1997 13 July 2001 Fugitive Offenders (Indonesia) Order Cap. 503O Schedule In force Yes
  Ireland 5 October 2007 14 January 2009 Fugitive Offenders (Ireland) Order Cap. 503AF Schedule Suspended No
  South Korea 26 June 2006 11 February 2007 Fugitive Offenders (Republic of Korea) Order Cap. 503Y Schedule In force Yes
  Malaysia 11 January 1995 16 June 2001 Fugitive Offenders (Malaysia) Order Cap. 503D Schedule 1 In force No
17 October 2006 1 November 2007 Fugitive Offenders (Malaysia) (Amendment) Order 2007 Cap. 503D Schedule 2
  Netherlands 2 November 1992 20 June 1997 Fugitive Offenders (Netherlands) Order Cap. 503A Schedule 1 Suspended No
17 February 2015 21 May 2016 Fugitive Offenders (Netherlands) (Amendment) Order 2016 Cap. 503A Schedule 2
  New Zealand 3 April 1998 23 October 1998 Fugitive Offenders (New Zealand) Order Cap. 503S Schedule Suspended No
  Philippines 13 January 1995 20 June 1997 Fugitive Offenders (Philippines) Order Cap. 503E Schedule In force No
  Portugal 24 May 2001 7 November 2004 Fugitive Offenders (Portugal) Order Cap. 503U Schedule In force No
  Singapore 11 November 1997 11 June 1998 Fugitive Offenders (Singapore) Order Cap. 503Q Schedule In force No
  South Africa 20 February 2009 2 December 2011 Fugitive Offenders (South Africa) Order Cap. 503AH Schedule In force Yes
  Sri Lanka 3 September 1999 19 April 2003 Fugitive Offenders (Sri Lanka) Order Cap. 503V Schedule In force Pending
  United Kingdom 5 November 1997 19 March 1998 Fugitive Offenders (United Kingdom) Order Cap. 503R Schedule Suspended No
  United States 20 December 1996 21 January 1998 Fugitive Offenders (United States of America) Order Cap. 503F Schedule Suspended No

See also

References

  1. ^ Never in force; ratification of agreement halted
  1. ^ A Brief Guide To Issues Arising From The Fugitive Offenders And Mutual Legal Assistance In Criminal Matters Legislation (Amendment) Bill 2019 (“The Bill”), Hong Kong Bar Association
  2. ^ "LCQ17: Surrender of fugitive offenders agreements". Government of Hong Kong. 20 June 2018. Article 96 of the Basic Law, "[w]ith the assistance or authorisation of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance"
  3. ^ Research Study on the Agreement between Hong Kong and the Mainland concerning Surrender of Fugitive Offenders: The Issue of Re-extradition, Legislative Council of Hong Kong
  4. ^ Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, Legislative Council of Hong Kong
  5. ^ "China halts Hong Kong extradition treaties with Canada, Australia, UK". Agence France-Presse. 28 July 2020. Retrieved 31 July 2020 – via Hong Kong Free Press.
  6. ^ "Beijing suspends Hong Kong extradition treaty with New Zealand". Agence France-Presse. 3 August 2020. Retrieved 3 August 2020 – via Hong Kong Free Press.
  7. ^ Kwan, Rhoda (13 August 2020). "Security law: Hong Kong suspends extradition treaty with Germany, shelves agreement with France in reciprocal move". Hong Kong Free Press. Retrieved 13 August 2020.
  8. ^ Yew, Lun Tian (13 August 2020). "Hong Kong will suspend some legal cooperation with U.S., China says". Hong Kong Free Press. Retrieved 13 August 2020.
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