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Criminal Law

Brooklyn Law School

Journal

2021

Hong Kong; China; Extradition bill; Fugitive Offenders and the Mutual Legal Assistance in Criminal Matters Ordinance; HKSAR government; UK; special surrender arrangements; ad hoc extradition arrangements; 2003 Extradition Act; Basic Law; Hong Kong Bill of Rights Ordinance; International Covenant on Civil and Political Rights.

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Full-Text Articles in Law

Hong Kong’S Extradition Bill: Implications & Ramifications, Grace Wang Dec 2021

Hong Kong’S Extradition Bill: Implications & Ramifications, Grace Wang

Brooklyn Journal of International Law

Since June 2019, millions of people in Hong Kong protested against the proposed extradition bill, which would permit the HKSAR government to extradite anyone residing, visiting, or passing through Hong Kong to mainland China with which it has no formal extradition agreement with. This Note will argue that the proposed extradition bill not only created a legal loophole in the existing system by removing legislative scrutiny and judicial oversight, but also violated international human rights law in light of mainland China’s record of serious human rights violation. Instead, the HKSAR and PRC governments should cooperate to create an impartial special …