3 years ago
HONG KONG EXTRADITION TREATY
MARK DREYFUS QC MP
The Morrison Government must urgently re-examine Australia’s extradition treaty with Hong Kong in the wake of China’s move to effectively end Hong Kong’s independent legal status.
In 2017, Labor forced the Government to back down on its plans for an extradition treaty with China, supported by crossbenchers and some Government backbenchers.
The passage of the Chinese Government’s national security legislation for Hong Kong undermines the “one country, two systems” arrangement to which Beijing has committed under the UN-registered Sino-British Joint Declaration.
With residents and visitors to Hong Kong now subject to extradition to mainland China for a wide variety of reasons, extradition from Australia to Hong Kong now carries the real risk of extradition to mainland China.
This is confirmed by the recent upgraded Hong Kong travel advice from the Department of Foreign Affairs and Trade, which provides that “[u]nder the law, you could be deported or face possible transfer to mainland China for prosecution under mainland law.”
It follows that it may now be untenable for Australia to maintain a separate extradition treaty with Hong Kong and, if so, the Government should take immediate steps to withdraw from that treaty.
Labor continues to urge China to honour its commitment to the people of Hong Kong and the international community to uphold the city's rights and freedoms.
We also urge the Government to act with compassion and work closely with likeminded countries to demonstrate Australia's support for the people of Hong Kong.
In 2017, Labor forced the Government to back down on its plans for an extradition treaty with China, supported by crossbenchers and some Government backbenchers.
The passage of the Chinese Government’s national security legislation for Hong Kong undermines the “one country, two systems” arrangement to which Beijing has committed under the UN-registered Sino-British Joint Declaration.
With residents and visitors to Hong Kong now subject to extradition to mainland China for a wide variety of reasons, extradition from Australia to Hong Kong now carries the real risk of extradition to mainland China.
This is confirmed by the recent upgraded Hong Kong travel advice from the Department of Foreign Affairs and Trade, which provides that “[u]nder the law, you could be deported or face possible transfer to mainland China for prosecution under mainland law.”
It follows that it may now be untenable for Australia to maintain a separate extradition treaty with Hong Kong and, if so, the Government should take immediate steps to withdraw from that treaty.
Labor continues to urge China to honour its commitment to the people of Hong Kong and the international community to uphold the city's rights and freedoms.
We also urge the Government to act with compassion and work closely with likeminded countries to demonstrate Australia's support for the people of Hong Kong.