Australia Hong Kong Extradition Agreement

Noting that the Government of the People`s Republic of China has confirmed the continued application of the Agreement to the Hong Kong Special Administrative Region and its recognition as an agreement between the Government of Australia and the Government of the Hong Kong Special Administrative Region with the authorization of the Government of the People`s Republic of China, Since the law was passed last week, Canada has also suspended its extradition treaty, while the UK has offered Hong Kong residents citizenship options. The evidence presented to the commission shows that Australia informed Hong Kong on July 9, on a diplomatic note, of its intention to suspend the extradition agreement. This could have had only a minimal immediate practical impact, given that no extradition request has been received at this time. Where the surrender of a person is requested at the same time by one of the Contracting Parties and by a State with which Australia or Hong Kong has concluded, as requested, agreements or arrangements for the surrender of accused and sentenced persons, the requested Contracting Party shall take its decision taking into account all the circumstances, including provisions relating thereto in all requested Contracting Parties and applicant Parties g agreements in force; the relative gravity and place of the commission of the offences, the respective data of the requests, the nationality and habitual location of the requested person, as well as the possibility of subsequent surrender to another State and the provision of information justifying its decision in the event of the person`s surrender to another court. Many other countries that have extradition agreements with Hong Kong have also been reassessed to reassess their bilateral agreements. Prior to australia`s announcement, Canada announced the suspension of its extradition agreement with Hong Kong; No further legal justification is required, as Article 20(3) of the Treaty between Canada and Hong Kong expressly provides for suspension by publication. On 20 July, the United Kingdom suspended its extradition contract by means of a notice, as also provided for in Article 20(2) of its 1998 Convention on the Surrender of Fugitive Offenders. On Thursday, the New Zealand government said it would review relations with Hong Kong, including the revision of extradition agreements and controls for the export of so-called strategic goods, as well as travel instructions. The announcement, which followed Canada`s suspension of its extradition treaty with Hong Kong and Britain`s statement that it was considering a similar move, threatened to deepen diplomatic tensions between Canberra and Beijing. «The National Security Act seriously undermines the independence of Hong Kong`s judiciary,» she told the Treaty Commission, which is conducting a brief investigation into how the Australian government is handling the two agreements.

Wright said the law`s «broadly defined offenses» infringe on civil and political rights, and its scope could extend beyond Hong Kong residents and citizens to Australians whose extradition can be requested from offshore. The extraterritorial scope of the Hong Kong Special Administrative Region (SAR) National Security Protection Act is of concern. Under the new laws, Australian nationals who decide on Hong Kong`s independence or secession from Australian territory could be arrested as soon as they enter Hong Kong or mainland China. This effect is all the more alarming if combined with an operational delivery contract. The security legislation would not only concern the statements and actions of those who will be on Australian territory, but it would be a good thing under the Hong Kong authorities` right under the treaty to request their extradition. After arriving in Hong Kong, the extradited person could be sent to the mainland Chinese border to be brought to justice. . . .