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【Say NO to extradition to Mainland China】反對修訂逃犯引渡條例
"You are safe now in Hong Kong. After the amendment to the Fugitive Ordinanceis passed, you are NO longer safe！" said Dr Margaret Ng Ngoi-yee, Practising Barrister,former legislative councillor.
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Now, why should we be concerned about this amendment to the Fugitive Ordinance? Does it concern you? The answer is YES !
Now before this amendment proposed by the government, whatever you do in the Mainland, you cannot be surrendered to the Mainland for trial. The Mainland's hand cannot reach into Hong Kong to get you. But if this amendment is passed, then any person who is found in Hong Kong, that is to say, it includes even people in transit, people who are visiting, people who are doing business here. Everybody is affected.
If the Chief Executive forms an agreement with the Mainland authorities to surrender you to the Mainland, for crimes you are suspected to have committed in the Mainland or in Hong Kong, then you will no longer be safe.
Under the present law, you cannot be surrendered to the Mainland. If the amendment is passed, you are exposed to the risk of being surrendered to the Mainland. If you do not believe me, please have a look at the amendment bill. Please look at the opinion of the Bar Association. You will see immediately that this Ordinance, this amendment, does not only affect these dissidents in Hong Kong, people who are politically unwelcome. But it will reach to anybody who is in business, who happens to get on the wrong side of your competitors in the Mainland.
Of course, it is said in the Ordinance that nobody can be surrendered for trial of a political crime or a crime of a political nature. But so far, the Mainland has not charged anyone of a political nature crime, it will always be dressed under something which looks, quite packaged as some purely criminal matter, for example, bribery, fraud, forging documents, giving false accounts, all this kind of thing. All the rights lawyers in the Mainland are not on trial because they are trouble makers or that they defend rights. But they are accused of urging their clients to give false evidence. So do not think that you are safe.
The government says the Hong Kong Judiciary is independent and would protect your rights.
The Courts cannot do more than what the ordinance allows them to do. And the Courts have no power to refuse or to block your surrender, your extradition, because you are not going to get a fair trial in the Mainland. The Courts have no authority to judge whether or not the Mainland has a fair system of trial. Why is that? Under the present Ordinance, the existing law, you can only be sent anywhere if there is a standing extradition agreement between Hong Kong and the other place. But in the amendment they are proposing, you don’t need such a standing arrangement. You will not make a standing arrangement unless you are pretty confident that the other side has a fair system and protects human rights. But under the amendment, there is no mechanism.
We asked the Chief Executive a number of times, do you guarantee to us that if anybody is sent to the Mainland, that he or she would get a fair trial? The answer of the Chief Executive is that, “I do not comment on the legal system of another place.” I am sorry, it is not that you are not to make a comment, you are duty bound not to send anyone in Hong Kong into a place where you cannot guarantee that this person will have the minimum protection of a fair trial. This is Hong Kong's obligation under the international human rights treaties.
Your Chief Executive, the Chief Executive of Hong Kong, is turning a blind eye to our responsibilities under the international human rights conventions. It affects everyone.
Remember, this amendment which is being proposed, is not about Hong Kong residents, it is about any person who is found in Hong Kong, if you are in transit, in the airport, you are found in Hong Kong and this would affect you. It means you are under a risk of being surrendered to the Mainland for their dark process of trial. I don’t say that this will happen to you tomorrow, but it will be a risk.
My question is, why do you allow yourself to be put under such a risk? What are these legislators doing in the Legislative Council? Why are they so keen to support the government to give away our rights? You are safe now in Hong Kong. After the bill is passed, you are NO longer safe！
#送中條例
#Fugitive #surrender #吳靄儀
