Law change views will be heard

April 28, 2019

The Government will listen to the community’s views on the legislative proposals to amend extradition laws and will explain them in detail when they are examined by the Legislative Council, Chief Secretary Matthew Cheung said today.

 

Mr Cheung was responding to questions about a public procession today on the Fugitive Offenders & Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019.

 

He said Hong Kong people enjoy freedom of speech and the right to take part in public processions.

 

Mr Cheung also said there is a genuine need to make the legislative amendments, in order to handle a Taiwan homicide case involving a Hong Kong resident as a suspect, and to plug existing legal loopholes.

 

The Government hopes the Legislative Council Bills Committee can start its work as soon as possible, he added.

 

In a statement, the Government said since the return to the Motherland, the Hong Kong Special Administrative Region has been exercising “Hong Kong people administering Hong Kong” and a high degree of autonomy in strict accordance with the Basic Law.

 

The "one country, two systems" principle has been fully and successfully implemented, it said.

 

The Government attaches utmost importance to the rule of law and judicial independence, which are the core values of Hong Kong, and is determined to fully safeguard them. 

 

It also said the proposed amendments have been thoroughly and prudently considered, and they do not pinpoint any particular jurisdiction.

 

All existing human rights and procedural safeguards provided for in the current legislations will be maintained under the case-based arrangements for criminal and juridical assistance.

 

They include the double criminality principle, protection against death penalty, restriction against re-surrender, rule against double jeopardy, application for habeas corpus, right to appeal and judicial review.

 

The Government will thoroughly and carefully consider each case, while the executive authority and the court will perform their respective gate-keeping roles in handling all surrender requests.

 

Any surrender request will be rejected if it cannot meet the legal requirements, the Government added.

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