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大專界反對特區政府修改引渡法例 Tertiary Institutes' Opposing the SAR Government's Amending the Extradition Laws
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5. 內地法制劣跡斑斑，港府的修訂將大幅度削弱本地法律對人權的保障 － 日後不僅批評中國政府或與中國關係欠佳人士可被移交內地，「孟晚舟事件」亦可發生在任何人身上，即使途經香港轉機者都可被移交，後患無窮，衝擊香港航運樞紐地位，危害《美港政策法》或被取消。
* 王淨江 (歌德學院教師)
* 成 名 (香港科技大學副教授)
* 何式凝 (香港大學教授)
* 何芝君 (明愛專上學院客座教授)
* 杜耀明 (香港浸會大學助理教授)(已退休)
* 谷淑美 (香港科技大學副教授)
* 邱祖淇 (香港浸會大學講師)
* 敖恆宇 (香港中文大學教授)(已退休)
* 梁恩榮 (教育大學客席副教授)
* 梁潔芬 (文藻外語大學研究教授)
* 陳士齊 (香港浸會大學高級講師)(已退休)
* 陳巧能 (嶺南大學副教授)
* 陳家洛 (香港浸會大學副教授)
* 陳清僑 (嶺南大學教授)
* 陸潔玲 (香港理工大學香港專上學院講師)
* 舒 琪 (香港電影歷史研究者)
* 黃志偉 (香港城市大學專上學院講師)
* 黃偉國 (香港大學兼任講師)
* 鄭宇碩 (香港城市大學教授)(已退休)
* 賴建國 (明愛專上學院高級講師)
* 蘇耀昌 (香港科技大學講座教授)
Tertiary Institutes Oppose the SAR Government's Amending the Extradition Laws
In response to the implication of a Hong Kong citizen in a homicide case in Taiwan last year, the Security Bureau recently suggested two amendments to existing extradition laws, proposing a “one-off case-based surrender” arrangement and including mainland China in the application of such an arrangement. If the proposed amendments are passed, any person physically in Hong Kong, once designated a “criminal” by the Chinese government, may in future be extradited to the mainland for trial. As the International Covenant on Civil and Political Rights has not yet been applied to the mainland and its justice system does not ensure fair trials, while arbitrary imprisonment, torture, forced confessions, political persecution, unfair trials and death sentences are frequent, the United States, Canada, Britain and Australia have all not signed any fugitive extradition agreements with China. For similar reasons, the SAR government has not agreed to any “surrender arrangement” with China either. We are very worried about the government’s proposals. The proposed amendments will threaten the freedom of anyone who is physically in Hong Kong, based on the following reasons:
1. In accordance with the existing Fugitive Offenders Ordinance, the Hong Kong government is already able to process one-off case-based transfers at the request of non-contracting jurisdictions except for China, subject to administrative, legislative and judicial scrutiny. The proposed amendments remove the gate-keeping role of the Legislative Council and extend the one-off case-based mechanism to mainland China.
2. Although the Secretary for Security, John Lee, indicated that under the amended Fugitive Offenders Ordinance, the extradition mechanism will not apply to cases of a political nature, past records show that rights activists with different occupational backgrounds have been arrested by the Chinese government on non-political charges. For example, Gui Minhai, owner of Causeway Bay Books that sold publications critical of the Chinese Communist Party, was taken to China but was officially charged only with the “crime of causing traffic casualties”. It can be seen that even if the proposed amendments to the Fugitive Offenders Ordinance do not involve political offences, the Chinese government can nonetheless use charges of economic crimes to effect extradition of dissidents from Hong Kong.
3. The SAR government claims that the individuals wanted for extradition can rely on Hong Kong’s courts to gate-keep for them, but such “gate-keeping” only involves the court being satisfied that there is a prima facie case for trial, the burden of proof for which is much lower than the standards required of criminal convictions (proof beyond reasonable doubt). Moreover, Hong Kong’s courts will not have the resources or jurisdiction to examine related testimonies in detail; so long as mainland authorities can provide credible evidence of criminality, extradition requests stand a strong likelihood of being approved by the court as Hong Kong courts do not have the authority to question whether the mainland justice system is fair and just. Notwithstanding that political and religious offences are excluded from the sphere of extradition, charges can be made up to fall into the 46 crimes covered by the law, including fraud, forgery, tax evasion, corruption, smuggling, illegal abortion and prostitution etc. and extradition can be requested.
4. If the amendments are eventually passed, and if extradition requests are made by the Chinese government, the SAR Chief Executive will inevitably approve such requests as a result of immense pressure. The SAR government will be able to arrest any journalist, commentator, political or cultural and education personalities or indeed any dissident, or business people with poor relations with China and overseas visitors who are physically in Hong Kong and using charges of tax evasion, economic crimes or other charges, transfer them to mainland China which has an appalling human rights record and where the justice system lacks independence and transparency. The enormous fears of extradition will cause a chilling effect on Hong Kong’s civil society and harm Hong Kong’s freedoms.
5. Given the notoriety of the legal system on the mainland, the Hong Kong government’s amendments will massively weaken the protection of human rights by local laws ---in future, it will not only be possible for a person to be extradited to the mainland just for criticizing the Chinese government or having poor relations with China, but an incident like the “Meng Wanzhou case” may also happen to anyone, being transferred even when merely passing through Hong Kong in transit. This spells unending trouble for Hong Kong’s status as a transport hub and jeopardizes the U.S.-Hong Kong Policy Act, rendering its cancellation possible.
During the Sino-British negotiations in the 1980s, the topic of extraditing fugitive offenders to the mainland had already been discussed. In order to protect Hong Kong people’s freedoms, the drafting of the Fugitive Offenders Ordinance and the Mutual Legal Assistance in Criminal Matters Ordinance was very careful. Abandoning the determination to defend freedoms and human rights will not only arouse unnecessary fears among Hong Kong people but will even cause the international community to question whether Hong Kong can maintain a high degree of autonomy. If the Fugitive Offenders Ordinance is amended as proposed, it will become ever so easy for the Chinese Communist Party’s claws of suppressing opposition to be extended from the mainland to Hong Kong.
We strongly call on the SAR government to withdraw the proposals to amend the extradition laws; if the SAR government insists on passing the amendments, the freedoms of speech, publication, academic pursuits and other freedoms of all people in Hong Kong will be faced with unprecedented threats, together with the death knell of “One country, Two systems” and Hong Kong’s prosperity and stability.
Initiating Body and Scholars (Alphabetical order)
* Scholars' Alliance for Academic Freedom
* CHAN Ka Lok, Kenneth (HKBU, Associate Professor)
* CHAN, Hau Nung Annie (Lingnan U, Associate Professor)
* CHAN, Stephen C.K. (Lingnan U, Professor)
* CHAN, Sze Chi (HKBU, Senior Lecturer, retired)
* CHENG, Joseph Yu-shek (CityU, former Professor)
* HO Chi Kwan (Caritas Higher Institute of Education, Research Professor)
* HO, Petula Sik-ying (HKU, Professor)
* IP, Kenneth (Shu Kei) (Scholar of Hong Kong film history)
* KU, Agnes Shuk Mei (HKUST, Associate Professor)
* LAI Kin-Kwok (Caritas Institute of Higher Education, Senior Lecturer)
* LEUNG Yan Wing (EdUHK, Adjunct Associate Professor)
* LEUNG, Beatrice (Wenzao Ursuline University of Languages, Research Professor)
* LUK Kit Ling (HKCC, PolyU, Lecturer)
* NGO Hang Yue (CUHK, Professor, retired)
* SING Ming, Dixon (HKUST, Associate Professor)
* SO, Alvin Yiu-Cheung (HKUST, Chair Professor)
* TO Yiu Ming (HKBU, Assistant Professor, retired)
* WONG Chi Wai, Paul (CC City U, Lecturer)
* WONG Tsing-Kong (Goethe-Institut, Teacher)
* WONG Wai Kwok, Benson (Part-time Lecturer, HKU)
* YAU, Joe C.K. (HKBU, Lecturer)
英文姓名 English Name
中文姓名 Chinese Name, if applicable
所屬院校 Affiliated Institute
The University of Hong Kong
Chinese University of Hong Kong
Hong Kong University of Science and Technology
Hong Kong Polytechnic University
City University of Hong Kong
Hong Kong Baptist University
Hong Kong Shue Yan University
Open University of Hong Kong
Education University of Hong Kong
Caritas Institute of Higher Education
Hang Seng Management University
所屬學系/部門/中心 Affiliated Department/Office/Centre
Adjunct Associate Professor
Adjunct Assistant Professor
Associate Professor Emeritus
Postgraduate student (Master/Ph.D.)
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