State Department report says HK gov’t refused to hand over fugitive, notes threats to city’s autonomy

Mainland authorities’ statements and actions are “inconsistent” with Hong Kong’s high degree of autonomy, asserted a recent US State Department report, which reeled off litany of examples including the chief executive’s refusal of a US extradition request at the behest of the central government.  

The latest instalment of the annual the Hong Kong Policy Act report, released yesterday, said that while Hong Kong still “generally maintains” its high degree of autonomy under the “one country, two systems” framework, several cases flew in the face of China’s stated intention to uphold the agreement.

The report, which was submitted to the US congress, charts developments in Hong Kong as part of the US legal framework allowing the territory to be treated as a separate entity from China, so long as it remains its high degree of autonomy. 

While saying Hong Kong’s autonomy was still “more than sufficient” to justify the agreement, the report raised several concerns.

It noted the Beijing-imposed law criminalizing “disrespect’ for the national anthem — a local version of which is currently being drafted; the controversial plan to station mainland security agents at the express rail terminus in Hong Kong; the barring of British human rights activist Benedict Rogers from entering the city last year; and the disqualification of pro-democracy activist Agnes Chow from contesting the election

The report also made reference to a seemingly unreported 2017 case in which Hong Kong chief executive Carrie Lam was said to have turned down an extradition request.

“Hong Kong generally remains a good partner for fugitive surrender and sharing of evidence in criminal cases. In October 2017, however, the Hong Kong Chief Executive turned down a U.S. fugitive surrender request at the behest of the Central Government, and released the detainee into Central Government custody on the basis that the Central Government is pursuing a separate criminal action,” the report read.

“This was the first such instance since 1997. The Central Government has provided no information as to the disposition of its own case against the individual.”

According to RTHK, Democratic Party legislator James To said the case was concerning and could undermine Hong Kong in the eyes of the international partners.

“This case is a very odd case and unique. I’m a bit worried because Hong Kong has no fugitive rendition agreement with mainland China, so there will not be a formal extradition to the mainland,” he said, according to the broadcaster.

“If there is anything involving politics, or anything other than the criminal elements considerations, then I think it is a very [bad] case,” To said. “It will undermine Hong Kong’s image as a responsible international partner under any treaty, not just a rendition agreement.”

In a statement last night, Hong Kong government’s hit back at the report, asserting the “full and successful implementation” of the ‘one country, two systems’ principle had been “widely recognized by the international community.”

“Foreign governments should not interfere in any form in the internal affairs of the HKSAR,” it added.

The Hong Kong Policy Act report periodically charts developments in Hong Kong as part of the US legal framework allowing the territory to be treated separately in matters concerning trade export and economics control so long as it remains its high degree of autonomy.



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