Political situation
Author: Zheng Rongdi
2020-09-14 16:11
Last update date: 2020-09-14 16:11
At the end of last month, 12 Hong Kong residents were intercepted by the Guangdong Coast Guard when they were suspected of absconding and leaving the country. The Yantian Branch of the Shenzhen Municipal Public Security Bureau stated that 12 people have been arrested by the Public Security Bureau for compulsory criminal detention for allegedly crossing the national border. The case is currently under investigation.
Senior Counsel Tang Jiahua, a member of the Executive Council, believes that since the persons concerned have violated the law in the Mainland, they should be tried and served their sentences in the Mainland, and the Mainland authorities will then decide whether to transfer them back to Hong Kong.
He pointed out that even if the amendment to the Fugitive Offenders Ordinance was passed successfully last year, in accordance with the UN extradition principle, prisoners must first complete the trial in the Mainland and serve their sentence before extradition to other requesting countries or regions.
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As for some opinions, there was a precedent in the past that the mainland "transferred" fugitives to Hong Kong. Tang Jiahua explained that the practice was an "unofficial arrangement" and was not normal.
Since Hong Kong and the Mainland have not had a handover arrangement in the past, people who have entered the Mainland by smuggling will be detained by the local public security administration first, and then arrested and deported. After the prisoner has crossed the border, the Hong Kong police will arrest them again. "But the arrest and exit can go anywhere. , It must be to Hong Kong."
Tang Jiahua emphasized that since the relevant arrangement is entirely a judicial procedure of the Mainland government, Hong Kong has no right to follow up, and the Hong Kong government "can do it through official channels".
As for what cases can be "unofficially arranged," he said that there are no standards at all and let the mainland decide. "For example, in the case of Zhang Ziqiang that year, the mainland did not extradite him to Hong Kong, and the mainland was arrested and executed on other charges."
Tang also pointed out that last year's amendment to the Fugitive Offenders Ordinance failed. "Hong Kong people successfully fought for a no-extradition agreement. Now the Hong Kong government has no right to intervene in the case."
He added that even if the Fugitive Offenders Ordinance is successfully passed, in accordance with the UN extradition principle, prisoners must first complete the trial in the Mainland and serve their sentence before extradition to other requesting countries.
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