List of Hong Kong surrender of fugitive offenders agreements

Hong Kong has entered into several surrender of fugitive offenders agreements with foreign states. The term surrender of fugitive offenders agreement is used in place of extradition treaty to signify 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 authorised by the Central Government of China to enter into such agreements, according to Article 96 of the Basic Law.[2] The legality of one such agreement was challenged in the US state of Connecticut, but the US Court of Appeals for the Second Circuit ruled that the agreement entered into between Hong Kong and the US should be regarded as a 'treaty' under US law.[3]

Article 2(1)(a) of Fugitive Offenders Ordinance (Cap. 503) allows the Hong Kong government to conclude arrangements of surrender of fugitive offenders with 'a place outside Hong Kong (other than any other part of the People's Republic of China)'. In 2019, the Carrie Lam administration proposed an amendment bill to enable Hong Kong to enter into 'special surrender arrangements' with 'a place outside Hong Kong', including other parts of the People's Republic of China.[4] Oppositions to the bill evolved to a series of wide-range protests and the bill was withdrawn.

On 30 June 2020, the Standing Committee of the National People's Congress in Beijing enacted a national security law to be imposed in Hong Kong. Several countries have since suspended the agreements with Hong Kong. In response, China and Hong Kong (on the central government's instruction) announced the suspension of Hong Kong's extradition treaties with Canada, Australia, the United Kingdom, New Zealand and Germany, as well as the shelving of a pending treaty with France.[5][6][7]

List of Hong Kong surrender of fugitive offenders agreements
CountryDate signedEntered into forceOrderTextStatusExtradition treaty with China
Australia15 November 199329 June 1997Fugitive Offenders (Australia) OrderCap. 503C Schedule 1SuspendedNo
19 March 20077 May 2008Fugitive Offenders (Australia) (Amendment) Order 2007Cap. 503C Schedule 2
Canada7 September 199313 June 1997Fugitive Offenders (Canada) OrderCap. 503B ScheduleSuspendedNo
Czechia4 March 201313 February 2015Fugitive Offenders (Czech Republic) OrderCap. 503AI ScheduleIn forceNo
List of the Offences for which Surrender May be GrantedList provided under Article 3(2)
Finland20 May 200515 August 2013Fugitive Offenders (Finland) OrderCap. 503W ScheduleIn forceNo
France4 May 2017N/AFugitive Offenders (France) OrderCap. 503AJ ScheduleSuspended^Yes
Germany26 May 200611 April 2009Fugitive Offenders (Germany) OrderCap. 503X ScheduleSuspendedNo
India28 June 199714 November 1997Fugitive Offenders (India) OrderCap. 503P ScheduleIn forceNo
Indonesia5 May 199713 July 2001Fugitive Offenders (Indonesia) OrderCap. 503O ScheduleIn forceYes
Ireland5 October 200714 January 2009Fugitive Offenders (Ireland) OrderCap. 503AF ScheduleIn forceNo
Korea, Republic of26 June 200611 February 2007Fugitive Offenders (Republic of Korea) OrderCap. 503Y ScheduleIn forceYes
Malaysia11 January 199516 June 2001Fugitive Offenders (Malaysia) OrderCap. 503D Schedule 1In forceNo
17 October 20061 November 2007Fugitive Offenders (Malaysia) (Amendment) Order 2007Cap. 503D Schedule 2
Netherlands2 November 199220 June 1997Fugitive Offenders (Netherlands) OrderCap. 503A Schedule 1In forceNo
17 February 201521 May 2016Fugitive Offenders (Netherlands) (Amendment) Order 2016Cap. 503A Schedule 2
New Zealand3 April 199823 October 1998Fugitive Offenders (New Zealand) OrderCap. 503S ScheduleSuspendedNo
Philippines13 January 199520 June 1997Fugitive Offenders (Philippines) OrderCap. 503E ScheduleIn forceNo
Portugal24 May 20017 November 2004Fugitive Offenders (Portugal) OrderCap. 503U ScheduleIn forceNo
Singapore11 November 199711 June 1998Fugitive Offenders (Singapore) OrderCap. 503Q ScheduleIn forceNo
South Africa20 February 20092 December 2011Fugitive Offenders (South Africa) OrderCap. 503AH ScheduleIn forceYes
Sri Lanka3 September 199919 April 2003Fugitive Offenders (Sri Lanka) OrderCap. 503V ScheduleIn forcePending
United Kingdom5 November 199719 March 1998Fugitive Offenders (United Kingdom) OrderCap. 503R ScheduleSuspendedNo
United States20 December 199621 January 1998Fugitive Offenders (United States of America) OrderCap. 503F ScheduleIn force#No

#: Announced plans to suspend agreement
^: Never in force; ratification of agreement halted

See also

References
  1. A Brief Guide To Issues Arising From The Fugitive Offenders And Mutual Legal Assistance In Criminal Matters Legislation (Amendment) Bill 2019 (“The Bill”), Hong Kong Bar Association
  2. "LCQ17: Surrender of fugitive offenders agreements". Government of Hong Kong. 20 June 2018. Article 96 of the Basic Law, "[w]ith the assistance or authorisation of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance"
  3. Research Study on the Agreement between Hong Kong and the Mainland concerning Surrender of Fugitive Offenders: The Issue of Re-extradition, Legislative Council of Hong Kong
  4. Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019, Legislative Council of Hong Kong
  5. "China halts Hong Kong extradition treaties with Canada, Australia, UK". Agence France-Presse. 28 July 2020. Retrieved 31 July 2020 – via Hong Kong Free Press.
  6. "Beijing suspends Hong Kong extradition treaty with New Zealand". Agence France-Presse. 3 August 2020. Retrieved 3 August 2020 – via Hong Kong Free Press.
  7. Kwan, Rhoda (13 August 2020). "Security law: Hong Kong suspends extradition treaty with Germany, shelves agreement with France in reciprocal move". Hong Kong Free Press. Retrieved 13 August 2020.
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