This submission responds to the Security Bureau seeking public views on proposals regarding cooperation between Hong Kong and other places on juridical assistance in criminal matters, including expanding the scope of the case-based approach for the surrender of fugitives. Justice Centre opposes the proposals from the Security Bureau in the absence of a comprehensive review of the Fugitive Offenders Ordinance (Cap. 503) and Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525).
We recommend that the Ordinances are referred to the Hong Kong Law Reform Commission for Review. In particular, we are concerned with the lack of human rights safeguards, increased risk for chain-refoulement and concerns with the insufficient protections for individuals who could be subject to the death penalty.