Extradition and the Hong Kong Special Administrative Region: Will Hong Kong Remain a Separate and Independent Jurisdiction after 1997

Abstract

Hong Kong plays a key role in U.S. efforts to fight international criminal activities in Southeast Asia, because of its unique geographical and political position. However, as of July 1, 1997, the People's Republic of China formally regained control of Hong Kong, which raises concerns over the extradition of criminal fugitives to and from Hong Kong. The reason being that, although there is a proposed U.S.-Hong Kong extradition treaty, there is no U.S.-China extradition treaty making continued U.S.-Hong Kong extradition controversial. Moreover, the current extradition framework creates tension between the Judicial and Executive branches of the US. government. The author argues that the level and extent of Mainland China government interference with Hong Kong will shift the burden of approving extradition from the Judicial to Executive branch. He concludes that continued extradition is dependent on Hong Kong ensuring that the basic rights of criminal defendants are respected and that the continued willingness of the U.S. to extradite fugitives to Hong Kong after 1997 will depend on Hong Kong's integrity as a separate and independent jurisdiction.