Updated August 14, 2019
Hong Kong’s Proposed Extradition Law Amendments
Two proposed changes to Hong Kong’s extradition law
The FOO amendments would change how the HKSAR
have sparked over two months of massive demonstrations
government can extradite people to jurisdictions with which
across the city. If adopted, the changes could make
the HKSAR does not have an extradition agreement. Under
anyone—including U.S. citizens—residing in, visiting, or
the current FOO, the HKSAR government must ask Legco
transiting the Hong Kong Special Administrative District
for permission to consider such an extradition request. The
(HKSAR) vulnerable to investigation by or extradition to
FOO amendments would create a new “special surrender
mainland China, raising concerns about possible political
arrangement” that would eliminate the need to obtain
prosecutions.
Legco’s approval, including requests from mainland China.
On April 3, 2019, Hong Kong’s Chief Executive Carrie
Should U.S. citizens be concerned?
Lam Cheng Yuet-ngor submitted to the city’s Legislative
If the FOO amendments are adopted, any U.S. citizen
Council (Legco) proposed amendments to the Fugitive
residing in, visiting, or transiting through Hong Kong could
Offenders Ordinance (FOO) that would permit—for the
be extradited from Hong Kong to mainland China. In
first time—extradition of alleged criminals from Hong
addition, if the MLAO amendments are approved, PRC
Kong to mainland China, the Macau Special Administrative
security officers could request that HKSAR security
Region (Macau), and Taiwan. In addition, the legislation
officers assist criminal investigations against U.S. citizens,
seeks to amend its Mutual Legal Assistance in Criminal
including conducting searches of suspects’ homes or
Matters Ordinance (MLAO) to include mainland China,
businesses. The State Department estimated that there were
Macau, and Taiwan.
85,000 U.S. citizens residing in Hong Kong in 2018.
Legco was scheduled to take up the proposed amendments
Does the United States have an extradition agreement with
on June 12, but large-scale demonstrations on June 9 and 12
Hong Kong?
led Chief Executive Lam to announce on June 15 the
suspension of consideration of the bill. On June 16, Hong
Yes, that agreement sets the terms for extradition requests
Kong protesters gathered in even larger numbers, calling
between Hong Kong and the United States, which are then
for Lam’s resignation. Since then, large-scale protests have
administered in Hong Kong in accordance with the FOO.
been held in various parts of Hong Kong every week, as the
focus of the demonstrations has expanded beyond the
Why was the PRC excluded from the original FOO?
extradition bill to an expression of general dissatisfaction
with the status of Hong Kong under China’s policy of “one
Legco passed the FOO in March 1997, four months before
country, two systems.”
the United Kingdom transferred sovereignty over Hong
Kong to the PRC. According to Hong Kong’s last colonial
What is the Fugitive Offenders Ordinance (FOO)?
Governor Chris Patten and others, China was intentionally
excluded from the FOO because its legal and judicial
The FOO establishes the process by which the HKSAR
systems were not up to international standards. Chief
government administers extradition requests from other
Executive Lam has claimed, however, that the exclusion of
governments, including those with which the HKSAR has
China from the FOO was an oversight.
an extradition agreement (such as the United States). It also
specifies which types of crimes are eligible for extradition.
Do the current FOO and/or the proposed amendments
protect people from false or politically-based charges, or
Why propose the FOO amendments?
human rights abuses after extradition to mainland China?
The HKSAR government has offered two reasons to amend
The current FOO, as well as the proposed amendments,
the FOO. The first broad reason is to allow extradition of
include some safeguards, such as prohibiting the extradition
people to “other parts of the People’s Republic of China”
of a person for “an offence of a political character.” It also
(PRC), including Macau, mainland China, and Taiwan. The
prohibits the extradition of people who were convicted in
second specific reason is to permit the extradition of a Hong
absentia, or where the sentence could be the death penalty.
Kong permanent resident to Taiwan to face trial for the
Opponents fear the PRC will use the extradition process to
alleged murder of his girlfriend while they were vacationing
persecute or falsely imprison its critics, like was done in the
in Taiwan in February 2019.
cases of Swedish national Gui Minhai, Canadians Michael
Kovrig and Michael Spavor, and U.S. citizens Kai Li and
How would extradition requests from mainland China be
Sandy Phan-Gillis.
administered under the proposed amendments?
https://crsreports.congress.gov

---

Hong Kong’s Proposed Extradition Law Amendments
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
Kong and China will “be able to work it out.” In subsequent
FOO amendments?
tweets and statements, he has expressed similar views that it
is up to China and Hong Kong to address the protests.
On June 9, 2019, according to the protest organizers, 1.03
million people joined a march opposing the extradition
What has the PRC government said?
amendments (the Hong Kong Police’s official estimate was
240,000 people). On June 12, 2019, the day Legco was to
The PRC government supported the amendments, but has
take up the bill, tens of thousands of protesters surrounded
backed Lam’s decision to suspend the bill. It also has
the Legco building and the HKSAR government
accused the United States and other governments of
headquarters. An estimated 5,000 Hong Kong police
interfering in China’s “internal affairs,” and claims that “the
officers used tear gas, rubber bullets, bean bag rounds and
opposition camp and its foreign allies” have “hoodwinked”
water cannons to break up the protest. On June 16, 2019, an
Hong Kong residents into joining the protests.
estimated 2 million people (338,000, according to the Hong
Kong police) rallied in protest against the bill and alleged
How has Taiwan’s government reacted to the issue?
police misconduct on June 12.
The Taiwan government has stated it will not seek Chan’s
extradition under the amended FOO, as it implies that
Since then, large-scale demonstrations have been organized
Taiwan is part of the PRC.
in various parts of Hong Kong every weekend, and on
many weekdays. The protesters have given 5 demands to be
What legislation has been introduced regarding U.S. policy
met before they will end the demonstrations: (1) complete
in Hong Kong?
withdrawal of the extradition bill; (2) drop all charges
against protesters; (3) reverse the characterization of June
Three bills have been introduced specifically on Hong
12 demonstration as a “riot”; (4) conduct an independent
Kong. H.R. 3289 and S. 1838 are companion bills that
investigation of police conduct during the protests; and (5)
would require that the Secretary of State certify annually
implement the election of the Chief Executive and all
that Hong Kong remains sufficiently autonomous to justify
Legco members by universal suffrage. While the initial
separate treatment from mainland China, seeks to protect
demonstrations generally have been peaceful,
U.S. citizens from extradition to mainland China, and
confrontations between police officers in riot gear and some
blocks the entrance into the United States of persons
more militant protesters have escalated, generally ending
responsible for abductions or extraditions of people from
with the police using tear gas, rubber bullets, and pepper
Hong Kong to mainland China. S. 1824 would amend the
spray to disperse the protesters.
U.S.-Hong Kong Policy Act of 1992 to require the
Secretary of State report on how China uses Hong Kong to
How has the Trump Administration responded?
circumvent U.S. laws. Representative Jim McGovern has
On June 10, 2019, the State Department expressed “its
indicated that he intends to introduce a bill that would
“suspend U.S. sales of munitions, police and crowd control
grave concern” about the Hong Kong government’s
equipment to the Hong Kong police.”
proposed amendments to its fugitive offenders ordinance,
and stated that the continued erosion of the “One Country,
Two Systems” framework puts at risk Hong Kong’s long-
Michael F. Martin, Specialist in Asian Affairs
established special status in international affairs. On June
IF11248
12, 2019, President Trump said that he was sure that Hong
https://crsreports.congress.gov

---

Hong Kong’s Proposed Extradition Law Amendments


Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11248 · VERSION 6 · UPDATED

---