Gov't proposes bill changes

May 30, 2019

The Government has proposed to increase the threshold for allowing extraditions under the fugitive bill, from crimes which carry a minimum three years’ imprisonment to those facing an at least seven-year sentence.

 

The proposal is among the new measures announced by Secretary for Security John Lee today, that aim to alleviate the community’s concerns over the Fugitive Offenders & Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019.

 

Mr Lee said: “The opinion that we have heard is that since it is a stopgap measure, we should deal with it cautiously. And we should aim at dealing with heinous or the most serious crimes.

 

“As a result of all these opinions, we have to make a decision on how we can strike a good balance. Because it is only a supplementary measure to the main policy of signing a long-term agreement with jurisdictions, so we think that dealing with the most serious crimes does strike the right balance.

 

“And seven years or above is the usual kind of offence that would be dealt with in the High Court, and that is easily understood by the people of Hong Kong. So by comparing to what a High Court will usually try, we think that seven years or more is the right balance.”

 

The security chief added there will be further safeguards ensuring the rights of suspects, that is, the Government will only consider extradition requests from other countries that are made through their top level of government.

 

For the Mainland, that would mean the extradition request would have to come from the Supreme People’s Procuratorate.

 

Once the legislation is passed, the Government will follow up with the Mainland on whether any extradited Hong Kong people found guilty of crimes on the Mainland could apply to serve their prison sentences in Hong Kong, Mr Lee added.

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