Mutual Legal Assistance Ordinance
The Law Society of Hong Kong urged the government not to rush legislation, but to stop conducting broad consultations before proceeding. In response to the concessions, the Bar Association said the government`s additional safeguards “are fraught with uncertainty. [and that] it offers little reliable assurance. [61] On June 6, about 3,000 Hong Kong lawyers, representing about a quarter of the city`s lawyers, demonstrated against the law. Dressed in black, they marched from the Court of Appeal to the central government offices. While lawyers have expressed strong reservations about the openness and fairness of China`s judicial system, limited access to a lawyer and the spread of torture, Security Secretary John Lee said the legal sector does not really understand the law. [62] Three senior judges and twelve leading business and criminal lawyers called the law “one of the greatest challenges facing Hong Kong`s legal system” in a Reuters report. They feared that this would “put [the courts] on a collision course with Beijing,” as the limited scope of extradition hearings would leave them little room for manoeuvre. They feared that if they tried to prevent high-profile suspects from being sent across the border, they would face criticism and political pressure from Beijing. The judges and lawyers said that under Hong Kong`s British common law system, extradition is based on the assumption of a fair trial and humane punishment in the host country — a presumption they say the Chinese Communist Party-controlled legal system does not deserve. [27] The 1. In April, Hong Kong billionaire Joseph Lau, former chairman of Chinese Estates Holdings, convicted in 2014 of corruption and money laundering in connection with a land deal in Macau, filed an application for judicial review of the law.
The Liberal Party and the Hong Kong Business and Professional Alliance (BPA), the two pro-business parties, have proposed exempting 15 white-collar crimes from the 46 offences covered by the extradition proposal. [18] The American Chamber of Commerce in Hong Kong (AmCham) has pointed out that “criminal procedure on the mainland is marred by serious shortcomings, including the absence of an independent judiciary, arbitrary detention, lack of fair public trial, lack of access to a lawyer, and poor detention conditions.” [19] The government responded to the chambers` concerns by excluding nine of the economic crimes initially targeted. Only crimes punishable by at least three years` imprisonment would result in the transfer of a fugitive of the aforementioned year. [20] Nevertheless, these changes have not allayed businesses` concerns. According to the CBC, “wealthy businessmen fear that the extradition bill will destroy the freedoms that await people and businesses in the region.” Because of the enormous power that politicians and officials wield over the mainland legal system, “companies that want contracts honored in China usually contain a provision that allows disputes to be resolved under Hong Kong law,” making Hong Kong a safe and stable haven for multinational companies. The extradition bill would jeopardize Hong Kong`s status, as some companies are already considering setting up shop in Singapore. [21] [22] However, pro-business parties in the Legislative Council later agreed to support the government`s bill. The situation was similar to the 2017 election for prime minister, which called on the business community to support Carrie Lam under pressure from the Beijing authorities. [23] The introduction of the law drew widespread criticism at home and abroad from the legal profession, journalists` organizations, business groups, and foreign governments, who feared an erosion of Hong Kong`s legal system and its built-in safeguards, as well as damage to Hong Kong`s business climate. This fear is largely attributed to China`s new ability, through this law, to stop voices of political dissent in Hong Kong. There have been several protests against the law in Hong Kong and other cities abroad.
On June 9, it is estimated that hundreds of thousands to more than a million protesters marched through the streets, demanding the resignation of Prime Minister Carrie Lam.[4][5] On June 15, Lam announced that he would “suspend” the bill. [6] The ongoing protests demanded a complete withdrawal of the law, and then the introduction of the universal suffrage promised in the Basic Law. On September 4, after 13 weeks of protests, Lam formally promised to withdraw the summer vacation law after the legislature resumes. [7] [8] On October 23, Security Secretary John Lee announced the official withdrawal of the law by the government. [9] Hong Kong was a British colony until it was officially handed over to China in 1997.