Updated June 17, 2019
Hong Kong’s Proposed Extradition Law Amendments
Two proposed changes to Hong Kong’s extradition law
arrangement” that eliminates the need to obtain Legco’s
sparked three massive demonstrations that shut down the
approval, including requests from mainland China.
center of the city. If adopted, the changes could make
anyone—including U.S. citizens—residing in, visiting, or
Why eliminate the Legco’s role in the extradition process?
transiting the Hong Kong Special Administrative District
(HKSAR) vulnerable to investigation by or extradition to
The HKSAR government has expressed concern that Legco
mainland China, raising concerns about possible political
members may reveal details of any pending extradition
prosecutions.
request, possibly leading to the flight of the accused or
undermining the prosecution of the case. It also has stated
On April 3, 2019, Hong Kong’s Chief Executive Carrie
that the Legco review is unnecessary and time consuming
Lam Cheng Yuet-ngor submitted to the city’s Legislative
as the Chief Executive’s review of the case provides
Council (Legco) proposed amendments to the Fugitive
sufficient protection of the accused’s rights.
Offenders Ordinance (FOO) that would permit—for the
Should U.S. citizens be concerned?
first time—extradition of alleged criminals from Hong
Kong to mainland China, the Macau Special Administrative
If the FOO amendments are adopted, any U.S. citizen
Region (Macau), and Taiwan. In addition, the legislation
residing in, visiting, or transiting through Hong Kong could
seeks to amend its Mutual Legal Assistance in Criminal
be extradited from Hong Kong to mainland China. In
Matters Ordinance (MLAO) to include mainland China,
addition, if the MLAO amendments are approved, PRC
Macau, and Taiwan.
security officers could request that HKSAR security
officers assist criminal investigations against U.S. citizens,
Legco was scheduled to take up the proposed amendments
including conducting searches of suspects’ homes or
on June 12, but large-scale demonstrations on June 9 and 12
businesses. The State Department estimated that there were
led Chief Executive Lam to announce on June 15 the
85,000 U.S. citizens residing in Hong Kong in 2018.
suspension of consideration of the bill. On June 16, Hong
Kong protesters gathered in even larger numbers, calling
Does the United States have an extradition agreement with
for Lam’s resignation.
Hong Kong?
What is the Fugitive Offenders Ordinance (FOO)?
Yes, that agreement sets the terms for extradition requests
between Hong Kong and the United States, which are then
The FOO establishes the process by which the HKSAR
administered in Hong Kong in accordance with the FOO.
government administers extradition requests from other
governments, including those with which the HKSAR has
Why was the PRC excluded from the original FOO?
an extradition agreement (such as the United States). It also
Legco passed the FOO in March 1997, four months before
specifies which types of crimes are eligible for extradition.
the United Kingdom transferred sovereignty over Hong
Kong to the PRC. According to Hong Kong’s last colonial
Why propose the FOO amendments?
Governor Chris Patten and others, China was intentionally
excluded from the FOO because its legal and judicial
The HKSAR government has offered two reasons to amend
systems were not up to international standards. Chief
the FOO. The first broad reason is to allow extradition of
Executive Lam has claimed, however, that the exclusion of
people to “other parts of the People’s Republic of China”
China from the FOO was an oversight.
(PRC), including Macau, mainland China, and Taiwan. The
second specific reason is to permit the extradition of a Hong
Do the current FOO and/or the proposed amendments
Kong permanent resident to Taiwan to face trial for the
protect people from false or politically-based charges, or
alleged murder of his girlfriend while they were vacationing
human rights abuses after extradition to mainland China?
in Taiwan in February 2019.
The current FOO, as well as the proposed amendments,
How would extradition requests from mainland China be
include some safeguards, such as prohibiting the extradition
administered under the proposed amendments?
of a person for “an offence of a political character.” It also
The FOO amendments would change how the HKSAR
prohibits the extradition of people who were convicted in
government can extradite people to jurisdictions with which
absentia, or where the sentence could be the death penalty.
the HKSAR does not have an extradition agreement. Under
Opponents fear the PRC will use the extradition process to
the current FOO, the HKSAR government must ask Legco
persecute or falsely imprison its critics, like was done in the
for permission to consider such an extradition request. The
cases of Swedish national Gui Minhai, Canadians Michael
FOO amendments create a new “special surrender
https://crsreports.congress.gov

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Hong Kong’s Proposed Extradition Law Amendments
Kovrig and Michael Spavor, and U.S. citizens Kai Li and
Sandy Phan-Gillis.
Table 1. Extradition Provisions of Hong Kong’s Fugitive Offenders Ordinance (FOO)
Existing FOO compared to proposed amendments, as submitted on April 3, 2019

Existing FOO
Amended FOO
Coverage
Governments with which
Any other governments
Governments with which
Any other governments
the HKSAR has an
(excluding Mainland
the HKSAR has an
(including Mainland China,
extradition agreement
China, Macau, and Taiwan)
extradition agreement
Macau, and Taiwan)
Crimes
46 types of violent and
46 types of violent and
46 types of violent and
37 types of violent and
Subject to
commercial crimes with
commercial crimes with
commercial crimes with
commercial crimes with
Extradition possible sentence of 1 year possible sentence of 1 year possible sentence of 1 year possible sentence of 3
or more
or more
or more
years or more (see Note)
Role of
None
Pass legislation to permit
None
None
Legco
HKSAR to enter into a
special extradition
arrangement
Source: CRS analysis.
Notes: Excludes crimes pertaining to bankruptcy and insolvency; acts of corporate officers; security and futures trading; intel ectual property
rights; environmental pol ution and public health; export or import controls and international fund transfers; use of computers; taxes or duties;
and false or misleading trade descriptions.
How have people in Hong Kong reacted to the proposed
The PRC government supported the amendments, but has
FOO amendments?
backed Lam’s decision to suspend the bill. It also has
accused the United States, the European Union and other
On June 9, 2019, according to the protest organizers, 1.03
governments of interfering in China’s “internal affairs,” and
million people joined a march opposing the extradition
claims that “the opposition camp and its foreign allies” had
amendments (the Hong Kong Police’s official estimate was
“hoodwinked” Hong Kong residents.
240,000 people). On June 12, 2019, the day Legco was to
take up the bill, tens of thousands of protesters surrounded
How has Taiwan’s government reacted to the issue?
the Legco building and the HKSAR government
headquarters. An estimated 5,000 Hong Kong police
The Taiwan government has stated it will not seek Chan’s
officers used tear gas, rubber bullets, bean bag rounds and
extradition under the amended FOO, as it implies that
water cannons to break up the protest. On June 16, 2019, an
Taiwan is part of the PRC.
estimated 2 million people (338,000, according to the Hong
Kong police) rallied, protesting against the conduct of the
How has Chief Executive Lam reacted to the public protests
Hong Kong police on June 12, and calling for the
against the proposed FOO amendments?
permanent withdrawal of the bill, Lam’s resignation, the
dropping of all charges against arrested protesters, and an
On June 10, 2019, Lam stated she was going ahead with the
investigation into the conduct of the Hong Kong Police
submission of the FOO amendments on June 12, 2019, as
during the June 12 protest.
planned. On June 15, 2019, she announced she was
suspending consideration of the bill.
Before the protests occurred, the Hong Kong Bar
Association, the American Chamber of Commerce in Hong
What legislation has been introduced regarding U.S. policy
Kong, and Hong Kong’s International Chamber of
in Hong Kong?
Commerce came out against the extradition bill.
Three bills have been introduced specifically on Hong
Kong. H.R. 3289 and S. 1838 are companion bills that
How has the Trump Administration responded?
would require that the Secretary of State certify annually
On June 10, 2019, the State Department expressed “its
that Hong Kong remains sufficiently autonomous to justify
grave concern about the Hong Kong government’s
separate treatment from mainland China, seeks to protect
proposed amendments to its fugitive offenders ordinance,
U.S. citizens from extradition to mainland China, and
and stated that the continued erosion of the “One Country,
blocks the entrance into the United States of persons
Two Systems” framework puts at risk Hong Kong’s long-
responsible for abductions or extraditions of people from
established special status in international affairs. On June
Hong Kong to mainland China. S. 1824 would amend the
12, 2019, President Trump said that he was sure that Hong
U.S.-Hong Kong Policy Act of 1992 to require the
Kong and China will “be able to work it out.”
Secretary of State report on how China uses Hong Kong to
circumvent U.S. laws.
What has the PRC government said?
Michael F. Martin, Specialist in Asian Affairs
https://crsreports.congress.gov

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Hong Kong’s Proposed Extradition Law Amendments

IF11248


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https://crsreports.congress.gov | IF11248 · VERSION 5 · UPDATED

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