Thirdly, discharge in case of delay. New clause 14(5) will put it beyond doubt that a person who is discharged in case of delay will not be arrested and surrendered for the same offence in respect of which his surrender was sought.
Fourthly, identity of the person sought. New clause 23(4A) will be added to make it clear that the magistrate has to be satisfied that the person brought before him is in fact the person named in the request for surrender.
These amendments to the Bill, plus other technical amendments which I will propose during the Committee Stage, strike a balance between an individual's right to liberty and the need to prevent criminals from escaping justice. They do not affect the main substance of the provisions in the Bill. The Bills Committee has recommended support for the Bill subject to these amendments. With the enactment of this Bill, Hong Kong will have established a landmark: for the first time in our history, we shall have our own legislation governing the surrender of fugitive offenders. It marks our maturity as an independent jurisdiction, as well as Hong Kong's autonomy in the field of international law enforcement cooperation.
I note the remarks made by the Hon Albert Ho on the question of rendition, that is to say, the surrender of fugitives between Hong Kong and mainland China in the future. As this is under discussion with the appropriate mainland authorities, all I would say at this stage is that we share the community's concern that there should be adequate protection for the rights of the individual.
Mr President, with these remarks, I recommend the Bill to this Council.
End
Fugitive Offenders Bill: committee stage
Following is the speech by the Secretary for Security, Mr Peter Lai, in moving the committee stage of the Fugitive Offenders Bill in the Legislative Council today (Wednesday):
Mr Chairman,
I move that the clauses specified be amended as set out in the paper circularized to Members.
•
Page 10Page 11