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How to Read the Hong Kong Extradition

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2019 bill proposed past Hong Kong's government

Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019
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Legislative Quango of Hong Kong

Long title

  • A Bill to improve the Fugitive Offenders Ordinance so that the Ordinance applies to special give up arrangements once they are made between Hong Kong and any other place in relation to particular circumstances not covered by surrender arrangements of a general nature; to provide that in relation to special surrender arrangements, the telescopic of the offences covered for a surrender from Hong Kong is express to 37 items of offences, on the basis of their existing descriptions in the Ordinance simply, that currently utilize in relation to surrender arrangements of a general nature; and to provide that documents authenticated in accord with give up arrangements that are prescribed arrangements are deemed equally duly authenticated; to amend the Mutual Legal Assistance in Criminal Matters Ordinance so that the Ordinance applies to requests for assistance betwixt Hong Kong and whatsoever other identify; and to provide that a request for assist in a criminal matter covered by bilateral arrangements for mutual legal aid made between Hong Kong and whatsoever other identify that are prescribed arrangements may only be made pursuant to the arrangements.[one]

Considered by Legislative Council of Hong Kong
Legislative history
Beak published on 29 March 2019 (2019-03-29)
Introduced by Secretary for Security John Lee
Kickoff reading iii April 2019 (2019-04-03)
Amends
Fugitive Offenders Ordinance
Common Legal Assistance in Criminal Matters Ordinance
Condition: Withdrawn

The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (Chinese: 2019年逃犯及刑事事宜相互法律協助法例（修訂）條例草案) was a proposed nib regarding extradition to better the Fugitive Offenders Ordinance (Cap. 503) in relation to special surrender arrangements and the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525) so that arrangements for mutual legal aid can be made between Hong Kong and any place outside Hong Kong.[ii] The neb was proposed by the Hong Kong regime in February 2019 to establish a mechanism for transfers of fugitives not just for Taiwan, but as well for Mainland China and Macau, which are currently excluded in the existing laws.[3]

The introduction of the bill caused widespread criticism domestically and away from the legal profession, journalist organisations, business organisation groups, and foreign governments fearing the erosion of Hong Kong'south legal arrangement and its congenital-in safeguards, as well as damage to Hong Kong'due south business organization climate. Largely, this fear is attributed to China'southward newfound power through this pecker to arrest voices of political dissent in Hong Kong. There have been multiple protests against the bill in Hong Kong and other cities abroad. On 9 June, protesters estimated to number from hundreds of thousands to more than a meg marched in the streets and called for Main Executive Carrie Lam to step down.[4] [5] On 15 June, Lam announced she would 'suspend' the proposed bill.[half-dozen] Ongoing protests chosen for a consummate withdrawal of the bill and later the implementation of universal suffrage, which is promised in the Bones Law. On four September, after thirteen weeks of protests, Lam officially promised to withdraw the pecker upon the resumption of the legislative session from its summer recess.[vii] [8] On 23 October, Secretary for Security John Lee announced the government's formal withdrawal of the bill.[ix] [10]

Background [edit]

In the final months of British rule, Hong Kong passed laws barring the extradition to communist china due to concerns of freedoms promised nether the one-country, 2-systems formula.[11] Beijing began plans to opposite this constabulary almost immediately after the handover in 1997.[11] In 2015, five people involved in selling books critical of the Chinese government disappeared and later on reappeared in Chinese custody, becoming known equally the Causeway Bay Books disappearances. The push came to a head in 2017 when a Chinese billionaire living in Hong Kong named Xiao Jianhua was abducted from his serviced flat in Hong Kong past Chinese security forces, equally a spillover of Red china's paramount leader and full general secretarial assistant Eleven Jinping's mass anti-graft campaign. The Key Committee for Subject area Inspection had been frustrated by the fact that it had to resort to extraordinary rendition and thereafter pushed for an extradition treaty. The extradition police would eliminate the need for China agents to resort to kidnappings in Hong Kong.[11]

In early 2018, 19-year-quondam Hong Kong resident Chan Tong-kai murdered his pregnant girlfriend Poon Hiu-wing in Taiwan, then returned to Hong Kong. Chan admitted to Hong Kong police that he killed Poon, but the police were unable to charge him for murder or extradite him to Taiwan because no agreement is in place.[12] The two ordinances in Hong Kong, the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance, were not applicable to the requests for surrender of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan.[12] [thirteen] The pro-Beijing flagship political party Democratic Brotherhood for the Edification and Progress of Hong Kong (DAB) chairwoman Starry Lee and legislator Holden Grub pushed for a change to the extradition police force in 2019 using the murder case every bit rationale.[11] In February 2019, the authorities proposed changes to fugitive laws, establishing a mechanism for example-by-case transfers of fugitives by the Hong Kong Master Executive to any jurisdiction with which the city lacks a formal extradition treaty, which it claimed would close the "legal loophole". Chen Zhimin, Zhang Xiaoming, and Han Zheng of the PRC publicly supported the change and stated that 300 fugitives were living in Hong Kong.[11] Beijing's interest in the proposed bill caused great concerns in Hong Kong.[15]

Provisions [edit]

The key provisions of the bill, as originally tabled, are as follows:
In the Avoiding Offenders Ordinance (FOO) (Cap. 503): [16]

  1. To differentiate case-based surrender arrangements (to be defined every bit "special surrender arrangements" in the proposal) from general long-term surrender arrangements;
  2. To stipulate that special surrender arrangements will be applicable to Hong Kong and whatsoever place exterior Hong Kong, and they will simply be considered if at that place are no applicative long-term surrender arrangements;
  3. To specify that special surrender arrangements will encompass 37 of the 46 items of offences based on their existing description in Schedule 1 of the FOO, and the offences are punishable with imprisonment for more than three years (later adapted to seven years) and triable on indictment in Hong Kong. A total of nine items of offences volition non be dealt with nether the special surrender arrangements;
  4. To specify that the procedures in the FOO will apply in relation to special surrender arrangements (except that an culling mechanism for activating the give up procedures by a document issued past the Primary Executive is provided), which may be field of study to further limitations on the circumstances in which the person may be surrendered as specified in the arrangements;
  5. To provide that a certificate issued by or under the authority of the Principal Executive is conclusive evidence of in that location being special surrender arrangements, such that the certificate will serve as a basis to actuate the surrender procedures. Such activation does not mean that the fugitive volition definitely be surrendered as the request must become through all statutory procedures, including the issuance of an authority to proceed by the Primary Executive, the committal hearing by the courtroom and the eventual making of the give up order by the Main Executive. Other procedural safeguards, such as awarding for habeas corpus, application for discharge in example of delay, and judicial review of the Principal Executive's decision, as provided under the FOO will remain unchanged;

And in the Mutual Legal Aid in Criminal Matters Ordinance (MLAO) (Cap. 525): [xvi]

  1. To lift the geographical restriction on the scope of awarding of the Ordinance; and
  2. To provide that instance-based co-functioning premised on the undertaking of reciprocity will exist superseded by the long-term MLA arrangements once the latter accept been made and become effective.

Concerns [edit]

Opposition expressed fears that the urban center would open itself up to the long arm of mainland Chinese law, putting people from Hong Kong at hazard of falling victim to a different legal system. Information technology therefore urged the government to establish an extradition arrangement with Taiwan but, and to sunset the arrangement immediately after the surrender of Chan Tong-kai.[17]

[edit]

The business community also raised concerns over the mainland'due south court organization. The Liberal Party and the Business and Professionals Alliance for Hong Kong (BPA), the two pro-business parties, suggested 15 economical crimes beingness exempted from the 46 offences covered by the extradition proposal.[18] The American Chamber of Commerce in Hong Kong (AmCham) pointed out that the mainland'south "criminal process is plagued by deep flaws, including lack of an contained judiciary, arbitrary detention, lack of fair public trial, lack of access to legal representation and poor prison conditions".[19] The regime responded to business organization chambers' concerns by exempting nine of the economic crimes originally targeted. Only offences punishable by at least 3 years in prison would trigger the transfer of a avoiding, upwards from the previously stated ane yr.[20] However, these amendments failed to assuage the concern community's concerns. According to the CBC, "[What the] rich business people fear is that the extradition law would destroy the freedoms people and businesses in the territory have grown to expect". Due to the vast ability that politicians and officials exert over the mainland legal arrangement, "businesses that want contracts in China to exist respected typically include a provision that allows for any disputes to be resolved nether Hong Kong law", thereby making Hong Kong a rubber and stable oasis for multinational corporations. The proposed extradition constabulary would jeopardise Hong Kong's status, with some companies already considering relocation to Singapore.[21] [22] Nonetheless, the pro-business parties in the Legislative Council after agreed to support the government nib. The situation was like to the 2017 Chief Executive Election, in which the business sectors were requested to support Carrie Lam under the force per unit area from the Beijing's Authority.[23]

On one Apr, Hong Kong billionaire tycoon Joseph Lau, former chair of the Chinese Estates Holdings who was convicted of bribery and coin laundering in a land deal in Macau in 2014, applied for a judicial review over the bill in court. Lau'south lawyers asked the court to make a declaration that the surrender of Lau to Macau would contravene the Hong Kong Bill of Rights.[24] Lau made an sharp U-turn and dropped his legal challenge on 29 May, saying that he "loves his state and Hong Kong" and that he now supported the legislation.[25]

Legal sector [edit]

The Hong Kong Bar Association released a statement expressing its reservations over the pecker, saying that the restriction against any give up arrangements with mainland Red china was not a "loophole", merely existed in calorie-free of the fundamentally different criminal justice system operating in the Mainland, and concerns over the Mainland's track record on the protection of primal rights. The association likewise questioned the accountability of the Master Executive every bit the simply arbiter of whether a special system was to be concluded with a requesting jurisdiction without the scrutiny of the Legislative Council or without expanding the role of the courts in vetting extradition requests.[26] Twelve electric current and quondam chairs of the Bar Association warned that the government's "oft-repeated assertion that the judges will be gatekeepers is misleading", equally "the proposed new legislation does non give the Court power to review such matters and the Court would exist in no such position to do and so."[27]

3 senior judges and twelve leading commercial and criminal lawyers called the pecker "one of the starkest challenges to Hong Kong'due south legal system" in a Reuters report. They feared it would "put [the courts] on a standoff class with Beijing", equally the limited scope of extradition hearings would leave them little room to manoeuvre. They were concerned that if they tried to stop high-profile suspects from being sent across the border, they would be exposed to criticism and political pressure from Beijing. The judges and lawyers said that nether Hong Kong'southward British-based common law system, extraditions are based on the presumption of a fair trial and humane penalty in the receiving country—a presumption they say China's Communist Party-controlled legal system has not earned.[27]

On 5 June 2019, the Constabulary Society of Hong Kong released an 11-folio review of the proposed Cap. 503 (FOO) amendments. Information technology questioned the lack of additional requirements on proof-of-bear witness in favour of extradition and the non-admissibility of additional evidence against extradition. It argued that the HK government should non blitz to advise the electric current legislation, and that a comprehensive review of the current extradition organization and research on the cross-jurisdiction transfer of fugitives should exist done prior to the proposal of such laws. The Law Club recommended a proposal to specifically encompass the current Taiwan murder example to be made if the authorities wanted to transfer the doubtable presently. In addition, some members of the Constabulary Society question the necessity of such an amendment in the absence of any major problems with extradition to mainland China or Taiwan since Hong Kong's return to Cathay in 1997.[28]

On some other perspective, Grenville Cantankerous, Vice-chairman (Senate) of the International Association of Prosecutors, and previous Director of Public Prosecutions in Hong Kong, has opined that although it is important to respect the rights of suspects, the contend has downplayed the consequence of responsibilities of Hong Kong to other jurisdictions in the global gainsay of criminal offense.[29] [ better source needed ]

Man rights groups [edit]

On 4 March 2019 Justice Centre Hong Kong provided public comments outlining their concerns with the extradition proposals to the Security Bureau,[30] preempting the Hong Kong business chambers taking an interest.[31] Afterwards, Amnesty International, Hong Kong Homo Rights Monitor, and Human Rights Picket declared their opposition to the neb, warning the extradition proposal could be used equally a tool to intimidate critics of the Hong Kong or Chinese governments, peaceful activists, and human rights defenders, as well as farther exposing those who are extradited to risks of torture or ill-treatment. Forth with other journalists unions and independent media outlets, the Hong Kong Journalists Association reported that the subpoena would "non only threaten the safety of journalists simply likewise take a spooky effect on the freedom of expression in Hong Kong."[32] Speaking on behalf of the International Rehabilitation Council for Torture Victims, on 3 July 2019 the executive director of Justice Centre Hong Kong delivered a statement at the 21st coming together of the Un Homo Rights Council in Geneva raising the bill and the disproportionate use of force being used against the resulting protests.[33]

[edit]

Although Taiwan authorities had attempted to negotiate directly with the Hong Kong regime to work out a special arrangement, the Hong Kong authorities did not answer. Taipei as well stated it would non enter into any extradition agreement with Hong Kong that divers Taiwan as part of the Cathay. It opposed the proposed neb on grounds that Taiwanese citizens would be at greater risk of being extradited to Mainland China.[34] "Without the removal of threats to the personal safety of [Taiwan] nationals going to or living in Hong Kong acquired by existence extradited to mainland China, nosotros will not concur to the case-by-case transfer proposed by the Hong Kong government," said Chiu Chui-cheng, deputy minister of Taiwan's Mainland Affairs Council. He also described the Taipei homicide case as an "excuse" and questioned whether the Hong Kong government's legislation was "politically motivated". He added that Taiwanese people feared to end up like Lee Ming-che, a commonwealth activist who disappeared on a trip to the Chinese mainland and was later jailed for "subverting state power".[12]

Colonial-era officials [edit]

Hong Kong had been a British colony until it was officially handed over to Cathay in 1997. Since then, the city is operating under "one country, 2 systems".[35] Lam denied that the mainland was intentionally excluded from the extradition laws ahead of the 1997 handover over fears near the mainland's opaque and politically controlled legal system, or that Prc had agreed to the exclusion. However, the last colonial governor of Hong Kong Chris Patten and so Primary Secretary Anson Chan asserted that Hong Kong and Mainland china knew very well that in that location had to be a firewall between the different legal systems.[36] Patten also warned that the extradition law would be the "worst affair" to happen in Hong Kong since the 1997 handover.[37] Malcolm Rifkind, quondam British Foreign Secretary who oversaw the last stages of the handover, also denied that the lack of extradition arrangements between Hong Kong and the Mainland was "a loophole". He stated that "negotiators from both Mainland china and the United kingdom made a conscious conclusion to create a clear divide between the two systems and so that the rule of law remains robust", and that "lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice".[38]

Online petitions [edit]

More than than 167,000 students, alumni and teachers from all public universities and hundreds of secondary schools in Hong Kong, including St. Francis' Canossian College which Carrie Lam attended, also launched online petitions against the extradition neb in a snowballing campaign.[39] St. Mary'south Canossian College and Wah Yan College, Kowloon, which Secretary for Justice Teresa Cheng and Secretary for Security John Lee attended, respectively, also joined the entrada. Even the alumni, students, and teachers at St. Stephen'south College, which the victim in the Taiwan homicide case Poon Hiu-wing attended, petitioned confronting the extradition neb.[xl] High Courtroom approximate Patrick Li Hon-leung's signature was spotted on a petition signed past near 3,000 swain Academy of Hong Kong alumni. Li was reprimanded past Chief Justice Geoffrey Ma for expressing a personal stance on a political upshot, and particularly on a legal issue that might come before the courts.[41]

Legislative Quango row [edit]

Members of two rival camps pushed and shoved each other in the Bills Committee meeting on xi May 2019.

The pro-republic army camp, which stringently opposed the constabulary, deployed filibustering tactics by stalling the first two meetings of the Bills Committee and preventing the ballot of a committee chairman. The House Committee, with a pro-Beijing majority, removed Democratic Party's James To, the near senior member, from his position of presiding member, and replaced him with the third nearly senior member, pro-Beijing Abraham Shek of the Business organisation and Professionals Alliance for Hong Kong (BPA), thereby bypassing the second nigh senior member Leung Yiu-chung, a pro-democrat. To claimed that the motility was illegitimate, calculation that the secretariat had driveling its power in issuing the round without having any formal give-and-take. The pro-democrats insisted on going ahead with a 6 May coming together as planned which was rescheduled by Shek with just 20 members nowadays. To and Civic Party'south Dennis Kwok were elected chair and vice chair of the commission.[42]

Attempts to hold meetings on 11 May descended into chaos as the rival factions pushed and shoved each other along the packed hallway for control of the meeting room. A number of legislators roughshod to the ground, including Gary Fan who savage from a table before he was sent to infirmary.[43] On xiv May, the coming together with ii rival presiding chairmen descended into anarchy again. Subsequently, pro-Beijing presiding chairman Abraham Shek announced that he could not hold a meeting and asked the Firm Committee for guidance.[44] On 20 May, Secretary for Security John Lee appear that the government would resume the second reading of the neb in a full Legislative Quango coming together on 12 June, bypassing the usual practice of scrutinising the bill in the Bills Committee.[45] After a five-hour meeting on 24 May, the House Committee of the Legislative Council dominated past the pro-Beijing camp passed a motion in back up of the authorities'south movement to resume the second reading of the bill at a total quango coming together on 12 June.

On ix November, police arrested and charged six pro-democracy lawmakers (while summoning one more than lawmaker) for their roles in a xi May scuffle over the earlier proposed extradition bill. The lawmakers posted bail and were released.[46]

No-conviction vote [edit]

Democratic Party legislator Andrew Wan moved a motion of no-confidence confronting Carrie Lam on 29 May on the grounds that Lam "blatantly lied" about the extradition neb and misled the public and the international customs, as Lam claimed that colonial officials did not deliberately exclude China from extradition laws ahead of the 1997 Handover. Information technology was the outset no-confidence vote confronting her since she took the office in July 2017. Lam survived the vote with the backing of the pro-Beijing bulk in the legislature. Principal Secretary Matthew Cheung defended Lam's record and dismissed the move equally "an unnecessary political gesture".[47]

International escalation [edit]

Beijing weighs in [edit]

Chinese fundamental government officials weighed in when Manager of the Hong Kong and Macau Diplomacy Office Zhang Xiaoming met a delegation led past Executive Councillor Ronny Tong in Beijing on xv May in which Zhang showed support of the extradition law. At the same time, a delegation led by former pro-democrat legislator Martin Lee met with U.S. Secretary of State Mike Pompeo who later released statement that he "expressed concern" that the bill could threaten the urban center's rule of law. On 17 May, Managing director of the Liaison Role Wang Zhimin met with more than 250 Beijing loyalists in Hong Kong in a 2-hour closed-door meeting. He instructed them to fully support the Chief Executive and her administration's push to pass the nib.[48] Vice Premier Han Zheng and chairman of the Chinese People's Political Consultative Conference Wang Yang also spoke in favour of the extradition nib—condign the highest-ranking Chinese state officials to requite their public endorsement.[49] Chief Executive Carrie Lam defended Beijing's involvement, saying that mainland officials offered their views only later on the bill controversy was "escalated" by strange powers, which seized an opportunity to attack the mainland's legal system and man rights record. It was escalated to the level of "ane state, 2 systems" and the constitutionality concerning the Basic Law.[45]

Foreign pressure [edit]

On 24 May, Chief Secretary Matthew Cheung held a special meeting involving 100 officials including primary officials, permanent secretaries and their deputies ostensibly to "bring them up to speed on the justification for the extradition law". Meanwhile, 11 European Union representatives met with Carrie Lam and and then issued a démarche to formally protestation against the bill.[50] [51] Also on 24 May, eight commissioners from the U.S. Congressional-Executive Committee on China (CECC), Marco Rubio, Tom Cotton, Steve Daines from the U.S. Senate, too every bit James McGovern, Ben McAdams, Christopher Smith, Thomas Suozzi and Brian Mast from the U.S. Firm of Representatives wrote to Chief Executive Carrie Lam request that the bill be "withdrawn from consideration", stating that "the proposed legislation would irreparably damage Hong Kong'south cherished autonomy and protections for human rights past allowing the Chinese government to request extradition of business organisation persons, journalists, rights advocates, and political activists residing in Hong Kong." The commissioners added that the bill could "negatively impact the unique relationship between the U.S. and Hong Kong"—referring to the longstanding U.S. policy of giving the city preferential handling over mainland China based on the United States–Hong Kong Policy Act.[49]

The Uk-based Hong Kong Watch also issued a petition on 29 May signed by xv parliamentarians from various countries confronting the extradition beak. Signatories included Member of the House of Lords David Alton, Liberal Democrat Primary Whip of the House of Eatables Alistair Carmichael, Leader of the Brotherhood 90/The Greens in the Bundestag Katrin Göring-Eckardt, Deputy Shadow Minister for Foreign Affairs in the Canadian Parliament Garnett Genuis, Member of the Parliament of Malaysia and Chairman of the ASEAN Parliamentarians for Homo Rights Charles Santiago, Member of the European Parliament from Republic of austria Josef Weidenholzer, seven U.S. Senators and ane U.S. Representative.[52]

The American Sleeping room of Commerce in Hong Kong (AmCham) issued a statement on 30 May, questioning the government's decision to push the bill through. AmCham also sent Matthew Cheung eight questions related to the bill following Cheung meeting with the foreign chambers of commerce on the previous day, pressing the government on how it planned to address concerns from foreign diplomats in Hong Kong, and how information technology would ensure that the requesting jurisdictions could guarantee a fair trial.[53]

On thirty May, a joint statement was issued by British Strange Secretary Jeremy Chase and Canadian Minister of Strange Affairs Chrystia Freeland to urge Hong Kong to ensure the new law was in-keeping with the city's autonomy. "We are concerned nigh the potential effect of these proposals on the large number of Uk and Canadian citizens in Hong Kong, on business organization confidence and on Hong Kong'due south international reputation. Furthermore, we believe that there is a risk that the proposals could impact negatively on the rights and freedoms prepare downwardly in the Sino-British Joint Proclamation".[54] [55]

On xiii August, Andrew James Scheer PC MP, Leader of the Bourgeois Party of Canada and Leader of the Official Opposition since 2017, shared the statement "As Beijing amasses troops at the Hong Kong border, now is the time for everyone committed to democracy, liberty, human rights, and the rule of law to stand with the people of Hong Kong, including the 300,000 ex-pat Canadians. Now, and in the coming days, we are all Hong Kongers:" on social media outlets.[56] [ not-primary source needed ]

Government amendments to the bill [edit]

On 30 May, Secretary for Security John Lee rolled out half dozen new measures to limit the scope of extraditable crimes and raise the bar to those punishable by the sentence of iii years to seven years or above—a cardinal demand from the Hong Kong Full general Chamber of Commerce (HKGCC). But requests from top judicial bodies of a requesting jurisdiction, namely the Supreme People's Procuratorate and Supreme People's Court in Mainland Red china, may be considered. Lee's proclamation came hours after a grouping of 39 pro-Beijing legislators called for the bill to be amended. Their ii demands—raising the threshold on extraditable crimes and allowing only extradition requests from the mainland's top say-so—were both accepted by the authorities.[57]

The regime promulgated on 30 May the provision of "additional safeguards" in the following three aspects:[58]

  1. limiting the application of special surrender arrangements to the about serious offences only by raising the threshold requirement for applicable offences from imprisonment for more than than three years to vii years or higher up;
  2. including safeguards that are in line with common human rights protection in the activation of special surrender arrangements, such as presumption of innocence, open trial, legal representation, correct to cross-examine witnesses, no coerced confession, right to appeal, etc.; and the requesting political party must guarantee that the effective limitation period of the relevant offence has not lapsed; and
  3. enhancing protection for the interests of surrendered persons, such every bit processing just requests from the fundamental say-so (equally opposed to the local authorisation) of a place, following up with the Mainland the arrangements for helping sentenced persons to serve their sentence in Hong Kong, negotiating appropriate ways and arrangements for post-surrender visits, etc.

Thousands of lawyers marched in black against the pecker on 6 June 2019.

Hong Kong'due south five major business organization chambers—the Hong Kong General Chamber of Commerce (HKGCC), the Chinese General Chamber of Commerce, the Chinese Manufacturers' Clan of Hong Kong, the Federation of Hong Kong Industries, and the Hong Kong Chinese Importers' and Exporters' Association quickly welcomed the concessions, but legal scholars and pro-democrats opposing the nib argued in that location was still no guarantee of human being rights and off-white treatment for fugitives sent across the edge.[59] John Lee dismissed calls to embed those safeguards in the proposed beak, claiming the current proposal would offering greater flexibility, adding he was confident mainland government would stay true to their promises, fifty-fifty without protection clauses in the neb.[60]

The Law Society of Hong Kong urged the government not to blitz the legislation but should cease to bear extensive consultation before it goes whatever further. The Bar Association said in response to the concessions that the additional safeguards provided by the government was "riddled with uncertainties ...[and that it] offers scarcely any reliable assurances."[61] On 6 June, some 3,000 Hong Kong lawyers, representing effectually one quarter of the city's lawyers, marched against the bill. Wearing black, they marched from the Courtroom of Final Appeal to the Central Government Offices. While lawyers expressed grave reservations about the openness and fairness of the justice system in People's republic of china, express access to a lawyer, and the prevalence of torture, Secretary for Security John Lee said the legal sector did not really empathise the bill.[62]

Immunity International, Human being Rights Watch, Human Rights Monitor and more than than 70 other not-governmental organisations wrote an open letter to Chief Executive Carrie Lam on 7 June stating the "serious shortcomings in the proposed subpoena", claiming that the additional safeguards would still be unlikely to provide genuine and constructive protection as it did not resolve the real risk of torture or other ill-handling, including detention in poor weather for indefinite periods, or other serious human rights violations which are prohibited under the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Penalization.[63]

Pre-suspension protests [edit]

31 March [edit]

The first protest happened on 31 March with an omnipresence of 12,000 pro-commonwealth protesters according to organisers, the Civil Man Rights Front (CHRF); law put the elevation figure at 5,200.[64]

28 April [edit]

Thousands of protesters marched on the street against the proposed extradition police on 28 Apr 2019.

On 28 April, the motion gained stronger momentum as an estimated 130,000 protesters joined the march against the nib; Constabulary estimated 22,800 joined at its tiptop. The claimed turnout was the largest since an estimated 510,000 joined the annual 1 July protest in 2014.[65] [66] [67] A day after the protest, Chief Executive Carrie Lam was adamant that the bill would be enacted and said the Legislative Councillors had to laissez passer new extradition laws before their summertime break, fifty-fifty though the homo at the heart of a case used to justify the urgency of new legislation Chan Tong-kai had been jailed for 29 months shortly before.

ix June [edit]

While reports suggested information technology had been the largest e'er,[68] certainly the largest protest Hong Kong has seen since the 1997 handover, surpassing the turnout seen at mass rallies in support of the Tiananmen protests of 1989 and ane July demonstration of 2003,[69] CHRF convenor Jimmy Sham said that 1.03 million people attended the march, while the police put the crowd at 270,000 at its acme.[69] [70] [71] [72]

Protesters on Harcourt Route at night, with police on standby. 9 June 2019

Hundreds of protesters camped in front of the regime headquarters well into the dark, with more joining them in response to calls from Demosistō and pro-independence activists. Law formed a human chain to forbid protesters from entering Harcourt Road, the main road side by side to authorities headquarters, while Special Tactical Squad (STS) stood by for potential conflicts.[73] Although the CHRF officially had called an stop to the march at x pm, around 100 protesters remained at the Borough Square.[74]

At 11 pm, the regime issued a press statement, saying it "acknowledge[s] and respect[due south] that people have dissimilar views on a wide range of problems", only insisted the 2d reading debate on the pecker would resume on 12 June.[75] Effectually midnight, tensions escalated and clashes broke out between protesters and officers at the Legislative Council Complex.[70] Protesters threw bottles and metal barricades at police force and pushed barricades while officers responded with pepper spray. Riot police pushed dorsum against the crowd and secured the area, while police force on Harcourt Road too pushed protesters back onto the pavements. Clashes shifted to Lung Wo Route as many protesters gathered and barricaded themselves from the officers. Several hundred protesters were herded by officers towards Lung Male monarch Street in Wan Chai effectually 2 am and so moved onto Gloucester Route.[70] Past the end of the clearance, xix protesters had been arrested.[76]

12 June [edit]

A general strike had been called for 12 June, the day of the planned resumption of the second reading of the extradition bill. The Police started stopping and searching on commuters at the exits of Admiralty Station the night before. Sits-in began at and effectually Tamar Park in the forenoon, and around 8 am, a oversupply rushed onto Harcourt Road and the nearby streets, blocking traffic.[77] [ non-primary source needed ] Effectually 11 am, the Legislative Council Secretariat appear that the 2d reading debate on the extradition bill had been postponed indefinitely.[78]

In the afternoon, riot law and the Special Tactical Squad, who hid their identifying numbers, were deployed. They fired tear gas and shot safe bullets and bean bag rounds at protesters on Harcourt Road. The oversupply fled to Citic Tower, where the gathering had been approved past the police and was peaceful.[79] Every bit people trickled through the jammed central revolving door and a small side door, the police fired another 2 tear gas canisters into the trapped crowd fuelling panic.[79] Commissioner of Police force Stephen Lo declared the clashes a "riot" and condemned the protesters' behaviour.[lxxx]

Many videos of aggressive police action appeared online, showing tear gas canisters existence fired at peaceful and unarmed protesters, first-assistance volunteers,[81] and even reporters. Amnesty International published a report which concluded that the employ of force past law against the largely peaceful protestation was unnecessary and excessive and that law had "violated international homo rights law and standards."[82]

Lo's declaration and police behaviour gave rise to new demands in later protests: to retract the characterisation of the clashes as a "riot" and to institute an independent commission of inquiry into constabulary brutality.

16 June [edit]

Organisers estimated nearly 2 million protesters took to the streets calling for the total withdrawal of the extradition bill on xvi June.

On 15 June, Carrie Lam appear that information technology would suspend the second reading of the bill without a prepare a time frame on the seeking of public views.[83] Nonetheless, no amends nor resignation was forthcoming at this signal.[83] The pro-democracy camp demanded a total withdrawal of the beak and said they would go ahead with the 16 June rally as planned.[84]

On the day, the route from Victoria Park in Causeway Bay to the regime headquarters in Admiralty was totally taken over past the large crowd from 3 pm all the way to 11 pm. Although crowd command measures were in forcefulness, yet the large number of participants forced police to open all the half-dozen lanes of Hennessy Road, the main road; nevertheless, the masses then spilled over onto iii parallel streets in Wan Chai.[85] While the constabulary said that there were 338,000 demonstrators at its height on the original road,[86] the Ceremonious Man Rights Front claimed the participation of "almost 2 million plus ane citizens", denoting the protester who committed suicide the twenty-four hours before.[87] [88] [89] [90] [91]

The government issued a statement at eight:thirty pm where Carrie Lam apologised to Hong Kong residents and promised to "sincerely and humbly accept all criticism and to improve and serve the public."[92] A authorities source told to the S People's republic of china Morn Post that the assistants was making information technology clear that at that place was no timetable to relaunch the suspended bill, the legislation would die a "natural death" when the current term of the Legislative Quango concluded in July adjacent yr.[93] On 18 June, Carrie Lam offered an apology for mishandling the extradition bill in person, but did non meet the protesters' demands of withdrawing the bill completely or resigning.[94]

From suspension to withdrawal [edit]

After the intense clashes on 12 June, the Legislative Council called off the general meetings on xiii and 14 June, and also postponed the general meetings on 17 and 18 June. Pro-Beijing newspaper Sing Tao Daily reported that Lam went to meet with Chinese Vice Premier Han Zheng in Shenzhen on 14 June evening. Lam then had a cabinet meeting with her top officials at 10:30 pm, lasting until midnight.[95]

Students unions, representing some protesters, issued four demands: total withdrawal of the extradition pecker; retraction of all references to the 12 June protestation being a anarchism; release all arrested protesters; and accountability of constabulary officers who used excessive force. They warned of escalated protestation activeness if the demands were not met.[96] Hong Kong Catholic Apostolic Ambassador Cardinal John Tong and Hong Kong Christian Quango chairman Reverend Eric So Shing-yit besides issued a joint argument calling for a consummate withdrawal of the extradition pecker and an independent inquiry into allegations of law brutality confronting protesters.[96]

Equally the metropolis marked the 22nd anniversary of its 1997 handover, the annual pro-democracy protest march organised past civil rights groups claimed a record turnout of 550,000 while police placed the estimate around 190,000. Separately, hundreds of young protesters stormed the Legislative Council and defaced symbols associated with the People's Democracy of China (China) and pro-Beijing elements inside the edifice.[97]

On 9 July, Carrie Lam said the controversial beak "is dead", but still refused to see the protesters' demand to withdraw it.[98] [99] [100] The protesters continued to demand full withdrawal of the bill, among other demands regarding alleged police misconducts and universal suffrage. The confrontations between the protesters and the police had since escalated. On 21 July, the police force is defendant of colluding with a gang who indiscriminately attacked passengers at Yuen Long station.[101] A poll conducted in August showed that more than 90% of supporters of the protests expressed dissatisfaction with law misconduct, and, amid their v cadre demands, the master need had shifted from the withdrawal of the beak to the establishment of contained commission of inquiry.[102]

On 4 September, Carrie Lam appear that the government would officially withdraw the bill in October.[7] Notwithstanding, she dismissed the other four core demands from the protesters.[103]

The neb was officially withdrawn on 23 October.[9] [10] Chan Tong-kai was released from prison on the same day.[104]

See also [edit]

  • Causeway Bay Books disappearances
  • List of Hong Kong surrender of fugitive offenders agreements
  • Extradition constabulary in China
  • Extradition law in UK
  • Hong Kong–Taiwan relations
  • National Security (Legislative Provisions) Pecker 2003
  • Hong Kong national security police force

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External links [edit]

  • Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Pecker 2019 (full text)
  • Legislative Council Brief – Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019

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Source: https://en.wikipedia.org/wiki/2019_Hong_Kong_extradition_bill

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