Fugitive bill retains safeguards

May 7, 2019

Proposed amendments to the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance will maintain all existing human rights and procedural safeguards, Secretary for Security John Lee said.

 

Speaking at a press conference today, Mr Lee said the safeguards provided for in the current legislations will be maintained under the case-based arrangements.

 

These include no surrender for a political offence, the double criminality principle and protection against the death penalty.

 

Other safeguards include the restriction against re-surrender, rule against double jeopardy as well as the application for habeas corpus and right to appeal and judicial review.

 

He called on the Legislative Council to start vetting the bill as soon as possible because the jailed suspect in the Taiwan homicide case could be released as early as October.

 

Mr Lee said: “We approach the question of offering legal assistance to the Taiwan side with respect to the Taiwan authorities. At the present moment, I have said repeatedly there’s no legal basis to offer assistance that has been requested.”

 

He added the proposed amendments would grant the Government with the legal basis to provide full assistance to Taiwan authorities.

 

“We can only do the best Hong Kong can do to ensure that this suspect, whom they want, can be surrendered to them lawfully.”

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