Gov't to protect human rights

June 2, 2019

Secretary for Justice Teresa Cheng:

The importance of the protection of human rights is something, of course, we have taken heed of from the views that have been expressed and therefore the suggestion from the Government is to allow these to be included in the case-based arrangement that is going to be used. It will maintain flexibility by being not too prescriptive, but by allowing that to be in the administrative arrangement or the policy statement that is being adopted. So that depending on the case, depending on where is the jurisdiction requesting for the surrender of the fugitive and of course depending on the need, we can adopt the relevant provisions. So that flexibility is very important that will make the arrangement even more effective, bearing in mind that the arrangement or the undertaking will have to be signed by both the requesting place and Hong Kong.

The protection would still be something that the court would look at, because this arrangement, which will be attached to the Chief Executive's certificate will be made public in the committal court proceedings. At that stage, anyone or the particular fugitive who is the subject of the proceedings will no doubt be able to take account of that and perhaps to take the matter further to the courts in Hong Kong.

Secretary for Justice Teresa Cheng today said the human rights of suspects will be protected under the proposed case-based surrender arrangement.

Speaking to the media after attending a radio programme this morning, Ms Cheng said the Government has listened to views on the importance of human rights protection.

She said: “The suggestion from the Government is to allow these to be included in the case-based arrangement that is going to be used.

“It will maintain flexibility by being not too prescriptive, but by allowing that to be in the administrative arrangement or the policy statement that is being adopted.

“Depending on the case, depending on where is the jurisdiction requesting for the surrender of the fugitive and of course depending on the need, we can adopt the relevant provisions.

“That flexibility is very important that will make the arrangement even more effective.”

Ms Cheng pointed out the court would also look at the protection of human rights because the arrangement will be attached to the Chief Executive's certificate and will be made public in committal court proceedings.

“At that stage, anyone or the particular fugitive who is the subject of the proceedings will no doubt be able to take account of that and perhaps to take the matter further to the courts in Hong Kong.”