Trump suspends Hong Kong-US extradition agreement contains 36 crimes Snowden most sensation once released Iranian secret agents

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Written by: Zheng Qiuling

2020-05-31 10:00

US President Trump responded to the conclusion of the "Hong Kong version of the National Security Law" by the National People's Congress, saying that he would cancel special treatment for Hong Kong and suspend the extradition agreement between the United States and Hong Kong.

The main laws governing the transfer of fugitive offenders from Hong Kong and the United States are the Fugitive Offenders Ordinance and the Fugitive Offenders (United States of America) Order. They list 36 types of crimes that can be transferred, including crimes involving the illegal use of computers.

According to the more famous extradition cases in the past, the Hong Kong government refused to extradite a Macao to the United States in 2017, and handed him over to the central government. "Hong Kong 01" once exclusively revealed his identity; the United States Central Intelligence Agency (2013) (CIA) Former clerk Snowden, during his hiding in Hong Kong for more than a month, the Hong Kong side did not arrest him as required; in 2007, the Hong Kong government arrested an Iranian agent as requested by the United States, but eventually "released".

According to information, the main laws governing the arrangements for the transfer of fugitive offenders from Hong Kong and the United States are the Fugitive Offenders Ordinance, Chapter 503 and the Fugitive Offenders (United States of America) Order, Chapter 503F. Relevant legislation includes Chapter 525F, Mutual Legal Assistance in Criminal Matters (United States of America) Order, Hong Kong and the United States assisted in the signing of a bilateral agreement in 1997, with the purpose of facilitating the mutual provision and assistance of criminal matters, including transfer, between Hong Kong and other places Detainees and others, etc., specify the scope of assistance provided and the circumstances in which they can be refused.

According to the Fugitive Offenders (United States of America) Order, there are 36 surrendered crimes that must be punishable by imprisonment or other forms of detention for more than one year or punishable by more severe penalties. The categories include some murders, such as murder by mistake, abet Suicide, wounding, sexual offences, and criminal offences such as intimidation and theft. Involving the illegal use of computers, committing securities and futures trading, bribery laws, etc. are all listed as transferable crimes.

Section 24 of the Fugitive Offenders Ordinance provides that the Chief Executive shall notify the Central People ’s Government of any legal proceedings instituted in Hong Kong concerning the transfer of a person. If national defense matters or foreign affairs interests are involved, the Central People ’s Government may issue instructions to the Chief Executive instructing him to take action on such legal procedures or not. However, the implementation of any directive shall not affect the Chief Executive ’s responsibility to deal with any cases to which the above provisions apply in accordance with the law.

【01 Exclusive】 Hong Kong's refusal to extradite Macau's identity reveals ex-colleagues of Zhuhai Company acknowledge hacking activities

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In 2017, the Hong Kong government refused to transfer the suspects to the United States for transfer to the central government.

The US State Department report states that Hong Kong rejected the US request for the extradition of a suspect in October 2017 and referred it to the central government for supervision. "Hong Kong 01" has conducted an exclusive investigation and confirmed that the victim is Macao Iat Hong, suspected of hacking into the computer of a US law firm to obtain information on mergers and acquisitions of technology and pharmaceutical companies. When Xiong Ri entered Hong Kong in December 2016, the police arrested him under the American Extradition Agreement, but after seven court appearances, the case was completely silent.

Snowden fled to Russia asylum through Hong Kong in 2013, when the Hong Kong government did not arrest him at the request of the United States. (Snowden facebook picture)

Snowden fled Hong Kong in 2013 without arrest at US request

In 2013, Edward Snowden, a former CIA clerk, was pursued by the United States for disclosing confidential U.S. documents and exposing interception plans to the media and faced charges under the Anti-Espionage Act. He fled to Hong Kong to hide for more than a month to late June before flying to Russia to seek political asylum. The Hong Kong government did not follow the temporary arrest warrant issued by the United States, and Snowden was finally exiled in Russia to obtain asylum.

In 2012, Trent Martin, an Australian financial analyst, was accused of leaking transaction information before conducting a US $ 1.2 billion acquisition for the US company IBM in 2009. He was investigated by the US Attorney General and finally arrested and charged in Hong Kong. Insider trading, he agreed to be extradited to New York for trial.

▼ The controversy between the parties of the Hong Kong version of the National Security Law Legislation continues ▼

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In 2007 the Hong Kong government "released" the Iranian secret agent

In 2007, according to the request of the United States, the Iranian spy Yousef Boushvash was allegedly involved in arms trading in the United States, smuggling weapons to Iran via Dubai, Bangkok and other places, and involved money laundering and other agents. The Hong Kong police arrested Yousef Boushvash at the Hong Kong Airport. The United States formally requested extradition a month later. The case was heard by the Eastern District Court and remanded in custody during the period. However, on the eve of the scheduled extradition hearing on April 14, 2008, the Hong Kong government sent a letter informing the United States Department of Justice that the extradition was cancelled. The Iranian man was released in Hong Kong the following day, and there was no news.

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