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2019 Hong Kong extradition bill information


Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019
Legislative Council of Hong Kong
Long title
  • A Bill to amend the Fugitive Offenders Ordinance so that the Ordinance applies to special surrender 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 scope of the offences covered for a surrender from Hong Kong is limited to 37 items of offences, on the basis of their existing descriptions in the Ordinance only, that currently apply in relation to surrender arrangements of a general nature; and to provide that documents authenticated in accordance with surrender arrangements that are prescribed arrangements are deemed as duly authenticated; to amend the Mutual Legal Assistance in Criminal Matters Ordinance so that the Ordinance applies to requests for assistance between Hong Kong and any other place; and to provide that a request for assistance in a criminal matter covered by bilateral arrangements for mutual legal assistance made between Hong Kong and any other place that are prescribed arrangements may only be made pursuant to the arrangements.[1]
Considered byLegislative Council of Hong Kong
Legislative history
Introduced bySecretary for Security John Lee
Introduced29 March 2019 (2019-03-29)
First reading3 April 2019 (2019-04-03)
Amends
Fugitive Offenders Ordinance
Mutual Legal Assistance in Criminal Matters Ordinance
Status: Withdrawn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 bill regarding extradition to amend 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 assistance can be made between Hong Kong and any place outside Hong Kong.[2] The bill was proposed by the Hong Kong government in February 2019 to establish a mechanism for transfers of fugitives not only for Taiwan, but also for Mainland China and Macau, which are currently excluded in the existing laws.[3]

The introduction of the bill caused widespread criticism domestically and abroad from the legal profession, journalist organisations, business groups, and foreign governments fearing the erosion of Hong Kong's legal system and its built-in safeguards, as well as damage to Hong Kong's business climate. Largely, this fear is attributed to China's newfound ability through this bill 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 million marched in the streets and called for Chief Executive Carrie Lam to step down.[4][5] On 15 June, Lam announced she would 'suspend' the proposed bill.[6] Ongoing protests called for a complete withdrawal of the bill and subsequently the implementation of universal suffrage, which is promised in the Basic Law. On 4 September, after 13 weeks of protests, Lam officially promised to withdraw the bill upon the resumption of the legislative session from its summer recess.[7][8] On 23 October, Secretary for Security John Lee announced the government's formal withdrawal of the bill.[9][10]

  1. ^ "Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019" (PDF). Legislative Council of Hong Kong. Archived (PDF) from the original on 8 April 2019. Retrieved 1 May 2019.
  2. ^ Tso, Timothy. "Legal Service Division Report on Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019" (PDF). Legislative Council of Hong Kong. Archived (PDF) from the original on 1 May 2019. Retrieved 1 May 2019.
  3. ^ "Fears over Hong Kong-China extradition plans". BBC. 8 April 2019. Archived from the original on 14 June 2019. Retrieved 29 May 2019.
  4. ^ "Hong Kong pushes bill allowing extraditions to China despite..." Reuters. 10 June 2019. Archived from the original on 10 June 2019. Retrieved 10 June 2019.
  5. ^ Wong, Chun Han (10 June 2019). "Beijing Digs in on Hong Kong Extradition Bill". The Wall Street Journal. ISSN 0099-9660. Archived from the original on 10 June 2019. Retrieved 10 June 2019.
  6. ^ "Hong Kong leader will suspend unpopular extradition bill indefinitely". Los Angeles Times. 15 June 2019. Archived from the original on 15 June 2019. Retrieved 15 June 2019.
  7. ^ "Hong Kong leader withdraws extradition bill, sets up platform to examine protest causes". South China Morning Post. 4 September 2019. Archived from the original on 4 September 2019. Retrieved 4 September 2019.
  8. ^ "As it happened: Protesters call bill withdrawal 'band-aid on rotting flesh'". South China Morning Post. 4 September 2019. Archived from the original on 5 September 2019. Retrieved 5 September 2019.
  9. ^ "Hong Kong extradition bill officially killed, but move unlikely to end unrest". SBS News. 23 October 2019. Archived from the original on 23 October 2019. Retrieved 24 October 2019.
  10. ^ Solomon, Justin (23 October 2019). "Hong Kong Extradition Bill officially withdrawn". ABC News. Archived from the original on 24 October 2019. Retrieved 24 October 2019.

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