Suspect rights safeguarded

May 31, 2019

Secretary for Security John Lee said today provisions can be added to the arrangement agreement to put extra restrictions on the surrender of fugitive offenders.

 

The Legislative Council Panel on Security held a special meeting to discuss the Fugitive Offenders & Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 today.

 

Speaking to reporters after the meeting, Mr Lee said further safeguards will be provided to ensure the rights of suspects.

 

“There is a provision which says in the case-by-case arrangements, we can put in provisions in the arrangement agreement itself, which then can put extra restrictions on the actual handing over of the surrendered person.

 

“That will be a document tendered to the court for examination, so it has effect for court to examine.”

 

Mr Lee reiterated the policy intent of the law change is to remove the geographical restrictions so that the Government can handle surrender requests with case-by-case arrangements with any jurisdictions around the world.

 

While the process will be started by a certificate issued by the Chief Executive, the whole regime and process of examining surrender matters by both the Government and the court remain the same, he added.

 

“It will be doing such an examination in exactly the same way, the same format, and the same system as has happened in these 22 years.

 

“I believe that it is an effective system because it is not just gate-keeping by the Government, we actually have a case in court which is eventually thrown out where the defendant or the suspect was immediately released.

 

“We have been seeing all these cases to be operating smoothly.”

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