Hong Kong Extradition Agreement Countries

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At a press conference in Beijing, Chinese Foreign Minister Spokesman Wang Wenbin said that «China`s Special Administrative Region suspends extradition contracts and justice assistance contracts with Canada, Australia and Britain in response to their previous interference in China`s internal affairs.» according to the CGTN channel. In previous cases of Canada, Australia, the United Kingdom and New Zealand, China has responded by immediately suspending extradition contracts and granting «criminal cooperation agreements» between Hong Kong and its former partners. The U.S. move elicited a similar reaction, with China also termating these agreements. The decision whether or not to accept an extradition request usually looks at the political aspect of a particular case, Huang said. «Most governments do not take into account requests for the extradition of political criminals.» Hong Kong has concluded several transfer agreements with foreign countries. The notion of a fugitive offender surrender agreement is used instead of the extradition treaty to refer to Hong Kong`s non-sovereign status. [1] As a special administrative region of the People`s Republic of China since July 1997, Hong Kong is authorized by the Chinese central government to conclude such agreements, in accordance with Article 96 of the Basic Law. [2] The legality of such an agreement has been challenged in the State of Connecticut, but the U.S. Court of Appeals for the second circle held that the agreement between Hong Kong and the United States must be considered a «treaty» under U.S. law.

[3] On June 30, 2020, the Standing Committee of the Beijing National People`s Congress passed a national security law that will be passed in Hong Kong. Since then, several countries have suspended agreements with Hong Kong. In response, China and Hong Kong announced (on instructions from the central government) the suspension of Hong Kong`s extradition agreements with Canada, Australia, the United Kingdom, New Zealand, Germany and the United States, as well as the suspension of an ongoing contract with France,[5][6][7][8], as well as the suspension of certain bilateral mutual legal assistance agreements. On August 19, the U.S. State Department announced that Washington was termening its delivery agreement with Hong Kong as well as a tax exemption agreement for international ships. It was the latest step in addressing US Secretary of State Mike Pompeo`s May 27 statement that Hong Kong should no longer be considered autonomous. Earlier in the morning, New Zealand also suspended the extradition agreement with Hong Kong. Canada, Australia, the United Kingdom and New Zealand suspended their extradition agreements with Hong Kong in July, in response to Hong Kong`s new national security law, and in particular its right to global enforcement.

France decided in early August not to ratify an ongoing extradition agreement with Hong Kong. The United States had threatened to terminate its treaty earlier; Now it`s official. In addition, the treaty judgment also risks completely breaking off cooperation on delivery, although it is still technically feasible. Previously, Britain, Canada and Australia suspended extradition agreements with Hong Kong after China implemented the law that makes it a crime to undermine Beijing`s authority in the region. Beijing called the move by the states a «foreign intervention in Hong Kong.» Since the entry into force of the National Security Act, there have been fears that people who have broken the law in these countries will be arrested, but such concerns seem unfounded. Subsequently, Zhao addressed all countries that had suspended previous agreements with Hong Kong: «By imposing so-called sanctions, they want to force the Chinese government to change its position, but this is only a pipe dream.» The effective implementation of this policy has led to a steady influx of small steps, including a previous announcement that imports from Hong Kong should now be labeled «made in China». The official abolition of the extradition treaty on Wednesday is another nail in the coffin for the special treatment of the United States for Hong Kong….