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The main purpose of the Bill is to provide the appropriate legal framework to enable Hong Kong to implement these new agreements. It is necessary to ensure our continued co-operation with other jurisdictions after the handover and the successful implementation of the programme for the surrender of fugitive offenders.
The Bill contains provisions to ensure that fugitive offenders are only surrendered for specified, serious offences. The Bill also contains provisions to safeguard an individual's rights. For example, the Bill provides for-
a requirement that the evidence against the fugitive would be sufficient to justify his committal for trial if the offence had been committed in Hong Kong (i.e. the prima facie rule);
specialty protection (i.e. offenders will not be tried for offences other than those for which they were originally surrendered);
a requirement that there be no surrender unless the conduct constituting the offence is contrary to the law of both jurisdictions (i.e. double criminality);
the normal exclusions in relation to political offences and political prejudice; and
protection against resurrender to a third jurisdiction.
The Bill is similar to the existing UK legislation applied to Hong Kong and follows existing procedures for handling requests for surrender. These procedures involve decisions by the courts and by the Governor who has the final say as to whether a person should be surrendered. The Bill also provides for a channel of appeal for fugitive offenders.
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