Surrender Of Fugitive Offenders Agreements

Hong Kong has several agreements with foreign countries on refugee offenders. The term surrender of the agreement on fugitive offenders is used in place of the extradition treaty to refer to the non-sovereign status of Hong Kong. [1] As a Special Administrative Region of the People`s Republic of China since July 1997, Hong Kong has been authorized by the Central Government of China to enter into such agreements in accordance with Article 96 of the Basic Law. [2] The legality of such an agreement was challenged in the State of Connecticut, but the U.S. Court of Appeals for the Second Circuit ruled that the agreement between Hong Kong and the United States should be considered a “treaty” under U.S. law. [3] The government of the Hong Kong Special Administrative Region (HKSAR) announced on Friday, on instructions from the Chinese central government, the suspension of the agreement to release fugitive offenders between Hong Kong and Finland. Article 2, paragraph 1, point a) of the Fugitive Offenders Regulation (Cap 503) authorizes the Hong Kong government to enter into agreements to release fugitive offenders with “a place outside Hong Kong (except any other part of the People`s Republic of China)”. In 2019, the Carrie Lam administration proposed a draft amendment that would allow Hong Kong to enter into “special surrender agreements” with “a location outside Hong Kong,” including other parts of the People`s Republic of China. [4] Opposition to the bill turned into a series of protests, and the law was withdrawn. Anxious to provide for the reciprocal surrender of fugitive offenders; Where the wanted person has a criminal record or is punished in the jurisdiction of the party required for an offence other than the one for which the surrender is requested, the surrender may be granted or postponed until the end of the proceedings and for the execution of a sentence imposed. On 30 June 2020, the Standing Committee of the National People`s Assembly of Beijing passed a national security law to be imposed in Hong Kong. Since then, several countries have suspended agreements with Hong Kong.

In response, China and Hong Kong (on instruction from the central government) announced the suspension of Hong Kong`s extradition agreements with Canada, Australia, the United Kingdom, New Zealand, Germany and the United States, as well as the suspension of an outstanding agreement with France[5][6][7] and the suspension of certain bilateral mutual legal aid agreements.