Hong Kong: Extradition

Foreign and Commonwealth Office written question – answered on 3rd August 2020.

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Photo of Baroness Anelay of St Johns Baroness Anelay of St Johns Chair, International Relations and Defence Committee, Chair, International Relations and Defence Committee

To ask Her Majesty's Government, further to the statement by the Foreign Secretary on 20 July (HC Deb, col 1832) that he will not consider reactivating extradition arrangements with Hong Kong “unless and until there are clear and robust safeguards that can prevent extradition from the UK being misused under the new national security legislation”, whether (1) revision, or (2) revocation, of Article 38 of the new national security law would be sufficient to reactivate those extradition arrangements; and if not, whether further measures will be required.

Photo of Baroness Sugg Baroness Sugg The Parliamentary Under-Secretary of State for International Development, The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs

The imposition of the National Security Law has significantly changed key assumptions underpinning the UK extradition treaty arrangements with Hong Kong.

The Foreign Secretary expressed concern about Article 38 of the legislation during a statement to Parliament on 1 July, noting that it is not entirely clear how the provision will be applied. He further noted that this is something that tourists and visitors from all around the world would be concerned about.

We are also particularly concerned about Articles 55 to 59 of the law, which gives mainland Chinese authorities the ability to assume jurisdiction over certain cases and try those cases in mainland Chinese courts. The National Security Law does not provide legal or judicial safeguards in such cases.

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