competence of the HKSAR.
18 Even if the present legislature were to pass an ordinance
before 1997 to localise the law
law on extradition, it would not
survive the coming into effect of the Basic Law. If it was
intended that the HKSAR would form a distinct entity for the
purposes of extradition, and that fugitives returned to it would
not be subject to PRC authority, that could and would have been
included in the Basic Law, and it was not.
19. The decision on extradition law in the HKSAR lies with the
it has sovereignty over HK and has reserved to itself
It would certainly be within
PRC as
jurisdiction over foreign affairs.
the legal powers of the PRC to apply its extradition system in
Hong Kong. As far as my research has indicated, the PRC does not
have an extradition law which complies with the specialty re-
quirement. It does not have an extradition treaty with the UK;
it has not entered into any extradition treaty since 1948 when
the Communist regime took power. The PRC does not regard itself
bound by the extradition obligations undertaken by previous re-
gimes. When the PRC has entered into modern conventions regard-
ing hijacking, etc it has established no judicial proceedings for
extradition purposes.
Each extradition request is decided by the
executive in a discretionary, ad hoc manner, not on the basis of
law. Were the HKSAR to be subject to such a regime of extradi-
tion, there is not doubt whatsoever that the specialty rule under
British legislation would not be satisfied.
12