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1 1 (June 11, 2019)

handle is hein.crs/govbaam0001 and id is 1 raw text is: Updated June 17, 2019 Hong Kong's Proposed Extradition Law Amendments Two proposed changes to Hong Kong's extradition law sparked three massive demonstrations that shut down the center of the city. If adopted, the changes could make anyone-including U.S. citizens-residing in, visiting, or transiting the Hong Kong Special Administrative District (HKSAR) vulnerable to investigation by or extradition to mainland China, raising concerns about possible political prosecutions. On April 3, 2019, Hong Kong's Chief Executive Carrie Lam Cheng Yuet-ngor submitted to the city's Legislative Council (Legco) proposed amendments to the Fugitive Offenders Ordinance (FOO) that would permit-for the first time-extradition of alleged criminals from Hong Kong to mainland China, the Macau Special Administrative Region (Macau), and Taiwan. In addition, the legislation seeks to amend its Mutual Legal Assistance in Criminal Matters Ordinance (MLAO) to include mainland China, Macau, and Taiwan. Legco was scheduled to take up the proposed amendments on June 12, but large-scale demonstrations on June 9 and 12 led Chief Executive Lam to announce on June 15 the suspension of consideration of the bill. On June 16, Hong Kong protesters gathered in even larger numbers, calling for Lam's resignation. What is the Fugitive Offenders Ordinance (FOO)? The FOO establishes the process by which the HKSAR government administers extradition requests from other governments, including those with which the HKSAR has an extradition agreement (such as the United States). It also specifies which types of crimes are eligible for extradition. Why propose the FOO amendments? The HKSAR government has offered two reasons to amend the FOO. The first broad reason is to allow extradition of people to other parts of the People's Republic of China (PRC), including Macau, mainland China, and Taiwan. The second specific reason is to permit the extradition of a Hong Kong permanent resident to Taiwan to face trial for the alleged murder of his girlfriend while they were vacationing in Taiwan in February 2019. How would extradition requests from mainland China be administered under the proposed amendments? The FOO amendments would change how the HKSAR government can extradite people to jurisdictions with which the HKSAR does not have an extradition agreement. Under the current FOO, the HKSAR government must ask Legco for permission to consider such an extradition request. The FOO amendments create a new special surrender arrangement that eliminates the need to obtain Legco's approval, including requests from mainland China. Why eliminate the Legco's role in the extradition process? The HKSAR government has expressed concern that Legco members may reveal details of any pending extradition request, possibly leading to the flight of the accused or undermining the prosecution of the case. It also has stated that the Legco review is unnecessary and time consuming as the Chief Executive's review of the case provides sufficient protection of the accused's rights. Should U.S. citizens be concerned? If the FOO amendments are adopted, any U.S. citizen residing in, visiting, or transiting through Hong Kong could be extradited from Hong Kong to mainland China. In addition, if the MLAO amendments are approved, PRC security officers could request that HKSAR security officers assist criminal investigations against U.S. citizens, including conducting searches of suspects' homes or businesses. The State Department estimated that there were 85,000 U.S. citizens residing in Hong Kong in 2018. Does the United States have an extradition agreement with Hong Kong? Yes, that agreement sets the terms for extradition requests between Hong Kong and the United States, which are then administered in Hong Kong in accordance with the FOO. Why was the PRC excluded from the original FOO? Legco passed the FOO in March 1997, four months before the United Kingdom transferred sovereignty over Hong Kong to the PRC. According to Hong Kong's last colonial Governor Chris Patten and others, China was intentionally excluded from the FOO because its legal and judicial systems were not up to international standards. Chief Executive Lam has claimed, however, that the exclusion of China from the FOO was an oversight. Do the current FOO and/or the proposed amendments protect people from false or politically-based charges, or human rights abuses after extradition to mainland China? The current FOO, as well as the proposed amendments, include some safeguards, such as prohibiting the extradition of a person for an offence of a political character. It also prohibits the extradition of people who were convicted in absentia, or where the sentence could be the death penalty. Opponents fear the PRC will use the extradition process to persecute or falsely imprison its critics, like was done in the cases of Swedish national Gui Minhai, Canadians Michael https://crsreports.congress.go,

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