Yesterday, a US Department of State Annual report revealed that in October 2017, the leader of Hong Kong, Carrie Lam Cheng Yuet-ngor, refused to extradite a detainee to the US. The detainee was placed in custody, in mainland China, and extradition was refused on the basis that Beijing was pursuing the detainee in relation to a separate criminal matter. This is the first time Hong Kong has refused to extradite a detainee to the US since the UK transferred sovereignty of Hong Kong to China in 1997. So far, the details of the Chinese criminal matter and the identity of the detainee remain unknown.

However, the South China Morning Post has uncovered evidence of a broken extradition negotiation in the New York bribery case of Patrick Ho Chi-ping, a former Hong Kong Home Affairs Minister. In that case Iat Hong, a hacker, was arrested in Hong Kong in December 2016. Hong was charged by the US Securities and Exchange Commission for hacking into unnamed New York law firms as part of an organised hacking group that made more than 4 million US dollars. The US tried to extradite Hong, but the extradition negotiation broke down in October 2017.

In 1997 Hong Kong and the US created a bilateral agreement which has resulted in Hong Kong being able to extradite detainees to the US, however the US and China do not currently share an extradition treaty. In the case of Patrick Ho Chi-ping, the US prosecutors explained that the agreement between Hong Kong and the US contains an exception that “relates to the defence, foreign affairs, or essential public interest or policy of [China]”.

 

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