2019 Hong Kong extradition bill: Difference between revisions
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== Background == |
== Background == |
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In 1987, Special Group on Law of the Basic Law Consultative Committee submitted the ''Final Report on Conflict of Laws, Extradition, and Other Related Issues'', in which the [[territorial principle]] was proposed to settle criminal jurisdiction issue between the future Hong Kong SAR and mainland China, stating that: {{Quote|This means when a person, whether a Hong Kong inhabitant or an inhabitant of mainland China, who has committed an offence in Hong Kong should be prosecuted and tried according to the law of Hong Kong; whereas a person, whether a Hong Kong inhabitant or an inhabitant of mainland China, who has committed an offence in mainland should be prosecuted and tried according to the law of mainland.<ref>{{cite book|url=http://ebook.lib.hku.hk/bldho/articles/BL0474.pdf|title=Final Report on Conflict of Laws, Extradition, and Other Related Issues|author=Special Group on Law of the Basic Law Consultative Committee|website= The University of Hong Kong Libraries|date=12 June 1987|accessdate=12 June 2019}}</ref> }}In 1998, pro-democrat legislator [[Martin Lee]], then one of the group members, said in a Legislative Council meeting that the Hong Kong government should "stand firm" on the territorial principle when dealing with jurisdiction issue with mainland China, and that it "must tackle without delay" the "rendition and mutual legal assistance arrangements" between Hong Kong and other parts of China.<ref>{{cite web|url=https://www.legco.gov.hk/yr98-99/english/counmtg/hansard/981209fe.htm|title=Council Meeting (Hansard) 9 Dec 98|website=Legislative Council of the Hong Kong SAR of the PRC|date=9 December 1998|accessdate=12 June 2019}}</ref> Nevertheless, as of 2019, such a rendition arrangement has never been made with either mainland China, Macau or Taiwan. |
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In early 2018, 19-year-old Hong Kong resident Chan Tong-kai allegedly killed his pregnant girlfriend Poon Hiu-wing in Taiwan, proceeding to return to Hong Kong. Chan admitted to Hong Kong police that he killed Poon but the police were unable to charge him for murder or extradite him to Taiwan because no agreement is in place.<ref name="taiwanwont"/> Until May 2019, the two ordinances in Hong Kong, the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance, were not applicable to the requests for surrender of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan.<ref name="taiwanwont"/><ref>{{cite news|title=LCQ3: Proposed amendments to Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance|work=Government Information Services|date=27 March 2019}}</ref> In February 2019, the government proposed changes to fugitive laws, establishing a mechanism for case-by-case transfers of fugitives by the [[Hong Kong Chief Executive]] to any jurisdiction with which the city lacks a formal extradition treaty, which it claims will close the "legal loophole".<ref name="extradition">{{cite news|title=Extradition bill not made to measure for mainland China and won't be abandoned, Hong Kong leader Carrie Lam says|url=https://www.scmp.com/news/hong-kong/politics/article/3004067/extradition-bill-not-made-measure-mainland-china-and-wont|date=1 April 2019|work=South China Morning Post}}</ref> |
In early 2018, 19-year-old Hong Kong resident Chan Tong-kai allegedly killed his pregnant girlfriend Poon Hiu-wing in Taiwan, proceeding to return to Hong Kong. Chan admitted to Hong Kong police that he killed Poon but the police were unable to charge him for murder or extradite him to Taiwan because no agreement is in place.<ref name="taiwanwont"/> Until May 2019, the two ordinances in Hong Kong, the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance, were not applicable to the requests for surrender of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan.<ref name="taiwanwont"/><ref>{{cite news|title=LCQ3: Proposed amendments to Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance|work=Government Information Services|date=27 March 2019}}</ref> In February 2019, the government proposed changes to fugitive laws, establishing a mechanism for case-by-case transfers of fugitives by the [[Hong Kong Chief Executive]] to any jurisdiction with which the city lacks a formal extradition treaty, which it claims will close the "legal loophole".<ref name="extradition">{{cite news|title=Extradition bill not made to measure for mainland China and won't be abandoned, Hong Kong leader Carrie Lam says|url=https://www.scmp.com/news/hong-kong/politics/article/3004067/extradition-bill-not-made-measure-mainland-china-and-wont|date=1 April 2019|work=South China Morning Post}}</ref> |
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===Legal sector=== |
===Legal sector=== |
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⚫ | The [[Hong Kong Bar Association]] released a statement expressing its reservations over the bill, saying that the restriction against any surrender arrangements with mainland China was not a "loophole", but existed in light of the fundamentally different criminal justice system operating in the Mainland, and concerns over the Mainland's track record on the protection of fundamental rights. The association also questioned the accountability of the Chief Executive as the only arbiter of whether a special arrangement was to be concluded with a requesting jurisdiction without the scrutiny of the Legislative Council or without expanding the role of the courts in vetting extradition requests.<ref>{{cite web|title=Observations of the Hong Kong Bar Association on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019|date=2 April 2019|work= CitizenNews |url=https://www.hkcnews.com/article/19529/bar_association-fugitives_bill-19529/observations-of-the-hong-kong-bar-association-on-the-fugitive-offenders-and-mutual-legal-assistance-in-criminal-matters-legislation-amendment-bill-2019}}</ref> Twelve current and former chairs of the Bar Association warned that the government's "oft-repeated assertion that the judges will be gatekeepers is misleading" as "the proposed new legislation does not give the Court power to review such matters and the Court would be in no such position to do so."<ref name="reuters0529">{{cite news|title=Exclusive: Hong Kong judges see risks in proposed extradition changes|url=https://www.reuters.com/article/us-hongkong-politics-extradition-judges/exclusive-hong-kong-judges-see-risks-in-proposed-extradition-changes-idUSKCN1SZ09U|agency=Reuters|date=29 May 2019}}</ref> |
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⚫ | The [[Hong Kong Bar Association]] released a statement expressing its reservations over the bill, saying that the restriction against any surrender arrangements with mainland China was not a "loophole", but existed in light of the fundamentally different criminal justice system operating in the Mainland, and concerns over the Mainland's track record on the protection of fundamental rights. The association also questioned the accountability of the Chief Executive as the only arbiter of whether a special arrangement was to be concluded with a requesting jurisdiction without the scrutiny of the Legislative Council or without expanding the role of the courts in vetting extradition requests.<ref>{{cite web|title=Observations of the Hong Kong Bar Association on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019|date=2 April 2019|work= CitizenNews |url=https://www.hkcnews.com/article/19529/bar_association-fugitives_bill-19529/observations-of-the-hong-kong-bar-association-on-the-fugitive-offenders-and-mutual-legal-assistance-in-criminal-matters-legislation-amendment-bill-2019}}</ref> Twelve current and former chairs of the Bar Association warned that the government's "oft-repeated assertion that the judges will be gatekeepers is misleading" as "the proposed new legislation does not give the Court power to review such matters and the Court would be in no such position to do so."<ref name="reuters0529">{{cite news|title=Exclusive: Hong Kong judges see risks in proposed extradition changes|url=https://www.reuters.com/article/us-hongkong-politics-extradition-judges/exclusive-hong-kong-judges-see-risks-in-proposed-extradition-changes-idUSKCN1SZ09U|agency=Reuters|date=29 May 2019}}</ref> |
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⚫ | The [[Law Society of Hong Kong]] urged the government not to rush the legislation but should stop to conduct extensive consultation before it goes any further. The Bar Association said in response to the concessions that the additional safeguards provided by the government was "riddled with uncertainties ...[and that it] offers scarcely any reliable assurances."<ref>{{cite news|url=https://www.hongkongfp.com/2019/06/06/just-thousands-hong-kong-lawyers-stage-rare-silent-black-march-controversial-extradition-bill/|title=In Pictures: Thousands of Hong Kong lawyers stage rare, silent ‘black march’ over controversial extradition bill|date=6 June 2019|work=Hong Kong Free Press}}</ref> |
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Three senior judges and twelve leading commercial and criminal lawyers called the bill "one of the starkest challenges to Hong Kong's legal system" in a Reuters report. They feared it would "put [the courts] on a collision course with Beijing" as the limited scope of extradition hearings would leave them little room to manoeuvre. They worry that if they tried to stop high-profile suspects from being sent across the border, they would be exposed to criticism and political pressure from Beijing. The judges and lawyers said that under Hong Kong's British-based common law system, extraditions are based on the presumption of a fair trial and humane punishment in the receiving country—a presumption they say China's Communist Party-controlled legal system has not earned.<ref name="reuters0529"/> |
Three senior judges and twelve leading commercial and criminal lawyers called the bill "one of the starkest challenges to Hong Kong's legal system" in a Reuters report. They feared it would "put [the courts] on a collision course with Beijing" as the limited scope of extradition hearings would leave them little room to manoeuvre. They worry that if they tried to stop high-profile suspects from being sent across the border, they would be exposed to criticism and political pressure from Beijing. The judges and lawyers said that under Hong Kong's British-based common law system, extraditions are based on the presumption of a fair trial and humane punishment in the receiving country—a presumption they say China's Communist Party-controlled legal system has not earned.<ref name="reuters0529"/> |
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===Human rights groups=== |
===Human rights groups=== |
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===Taiwan response=== |
===Taiwan response=== |
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Although Taiwan authorities attempted to negotiate directly with the Hong Kong government to work out a special arrangement, the Hong Kong government did not respond. Taipei also stated it would not enter into any extradition agreement with Hong Kong that defined Taiwan as part of the People's Republic of China. It opposed the proposed bill on grounds that Taiwanese citizens would be at greater risk of being extradited to Mainland China.<ref name="cesrc">{{cite web|title=Hong Kong's Proposed Extradition Bill Could Extend Beijing's Coercive Reach: Risks for the United States|work=U.S.-China Economic and Security Review Commission|url=https://www.uscc.gov/sites/default/files/Research/USCC%20Issue%20Brief_HK%20Extradition%20Bill.pdf|date=7 May 2019|first=Ethan|last=Meick}}</ref> "Without the removal of threats to the personal safety of [Taiwan] nationals going to or living in Hong Kong caused by being extradited to mainland China, we will not agree to the case-by-case transfer proposed by the Hong Kong authorities," said [[Chiu Chui-cheng]], deputy minister of Taiwan's [[Mainland Affairs Council]]. He also described the Taipei homicide case as an "excuse" and questioned whether Hong Kong government's legislation was "politically motivated". He added that Taiwanese people feared ending up like [[Lee Ming-che]], a democracy activist who disappeared on a trip to the Chinese mainland and was later jailed for "subverting state power".<ref name="taiwanwont">{{cite news|title=Taiwan won't ask for murder suspect if Hong Kong passes ‘politically motivated’ extradition law|date=10 May 2019|work=Hong Kong Free Press|url=https://www.hongkongfp.com/2019/05/10/taiwan-wont-ask-murder-suspect-hong-kong-passes-politically-motivated-extradition-law/}}</ref> |
Although Taiwan authorities attempted to negotiate directly with the Hong Kong government to work out a special arrangement, the Hong Kong government did not respond. Taipei also stated it would not enter into any extradition agreement with Hong Kong that defined Taiwan as part of the People's Republic of China. It opposed the proposed bill on grounds that Taiwanese citizens would be at greater risk of being extradited to Mainland China.<ref name="cesrc">{{cite web|title=Hong Kong's Proposed Extradition Bill Could Extend Beijing's Coercive Reach: Risks for the United States|work=U.S.-China Economic and Security Review Commission|url=https://www.uscc.gov/sites/default/files/Research/USCC%20Issue%20Brief_HK%20Extradition%20Bill.pdf|date=7 May 2019|first=Ethan|last=Meick}}</ref> "Without the removal of threats to the personal safety of [Taiwan] nationals going to or living in Hong Kong caused by being extradited to mainland China, we will not agree to the case-by-case transfer proposed by the Hong Kong authorities," said [[Chiu Chui-cheng]], deputy minister of Taiwan's [[Mainland Affairs Council]]. He also described the Taipei homicide case as an "excuse" and questioned whether Hong Kong government's legislation was "politically motivated". He added that Taiwanese people feared ending up like [[Lee Ming-che]], a democracy activist who disappeared on a trip to the Chinese mainland and was later jailed for "subverting state power".<ref name="taiwanwont">{{cite news|title=Taiwan won't ask for murder suspect if Hong Kong passes ‘politically motivated’ extradition law|date=10 May 2019|work=Hong Kong Free Press|url=https://www.hongkongfp.com/2019/05/10/taiwan-wont-ask-murder-suspect-hong-kong-passes-politically-motivated-extradition-law/}}</ref> |
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===Professional institutes=== |
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The [[Hong Kong Institute of Architects]] issued a statement urging the government to undertake more public consultation on the bill.<ref name="hkiacouncil">{{cite web |title=HKIA Council Statement on FOO |url=http://www.hkia.net/en/architects-practices/position-papers.html?id=258 |publisher=Hong Kong Institute of Architects |date=12 June 2019}}</ref> Similarly the [[Hong Kong Institute of Planners]], comprising many members working in government, released a statement requesting further public consultations to widely consider community views and build consensus.<ref>{{cite web |title=Statement of the Council of the Hong Kong Institute of Planners |url=https://www.facebook.com/theHKIP/photos/a.296364494201596/624203691417673 |publisher=Hong Kong Institute of Planners |date=13 June 2019}}</ref> |
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==April 28 demonstration== |
==April 28 demonstration== |
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{{Main|2019 Hong Kong anti-extradition bill protests#Second protest: 28 April}} |
{{Main|2019 Hong Kong anti-extradition bill protests#Second protest: 28 April}} |
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[[File:Protest against proposed extradition law view from Wan Chai 20190428.jpg|thumb|279x279px|right| |
[[File:Protest against proposed extradition law view from Wan Chai 20190428.jpg|thumb|279x279px|right|Thousands of protesters marched on the street against the proposed extradition law on 28 April 2019.|alt=]] |
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Bookseller [[Lam Wing-kee]], who was [[Causeway Bay Books disappearances|kidnapped by Chinese agents in Shenzhen in 2015]]<ref name=bigstory1>{{cite web|url=http://bigstory.ap.org/urn:publicid:ap.org:acf943c14a5049e99aa1ab61bb9965dd|title=Hong Kong unsettled by case of 5 missing booksellers|agency=Associated Press|work=The Big Story|date=3 January 2016}}</ref><ref name=20160212theguardian>{{cite web|url=https://www.theguardian.com/world/2016/feb/12/britain-accuses-china-of-serious-breach-of-treaty-over-removed-hong-kong-booksellers|title=Britain accuses China of serious breach of treaty over 'removed' Hong Kong booksellers|date=12 February 2016|work=The Guardian}}</ref>, left Hong Kong for Taiwan on 27 April, fearing the proposed extradition law would mean he could be sent to mainland China.<ref>{{cite news|title=Bookseller Lam Wing-kee leaves Hong Kong for Taiwan, fearing proposed extradition law will mean he is sent to mainland China|url=https://www.scmp.com/news/hong-kong/politics/article/3007905/bookseller-lam-wing-kee-leaves-hong-kong-taiwan-fearing|work=South China Morning Post|date=27 April 2019}}</ref> |
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On 28 April, an estimated 130,000 protesters joined the march against proposed extradition law. The turnout was the largest since an estimated 510,000 joined the annual [[Hong Kong 1 July marches|July 1 protest]] in 2014.<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3007999/thousands-set-join-protest-march-against-proposed|title=Estimated 130,000 protesters join march against proposed extradition law that will allow transfer of fugitives from Hong Kong to mainland China|date=28 April 2019|work=South China Morning Post}}</ref><ref>{{cite news|url=https://news.rthk.hk/rthk/en/component/k2/1455134-20190429.htm|title=New extradition laws still urgent, says Carrie Lam|date=29 April 2019|work=RTHK}}</ref><ref>{{cite news|url=https://www.hongkongfp.com/2019/04/29/hong-kong-man-centre-extradition-legal-row-jailed-29-months-may-early-october/|title=Hong Kong man at centre of extradition legal row jailed for 29 months, may be out as early as October|date=29 April 2019|work=Hong Kong Free Press}}</ref> A day after the protest, [[Chief Executive of Hong Kong|Chief Executive]] [[Carrie Lam]] was adamant that the bill would be enacted and said the Legislative Councillors had to pass new extradition laws before their summer break, even though the man at the heart of a case used to justify the urgency of new legislation Chan Tong-kai had been jailed for 29 months shortly before. |
On 28 April, an estimated 130,000 protesters joined the march against proposed extradition law. The turnout was the largest since an estimated 510,000 joined the annual [[Hong Kong 1 July marches|July 1 protest]] in 2014.<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3007999/thousands-set-join-protest-march-against-proposed|title=Estimated 130,000 protesters join march against proposed extradition law that will allow transfer of fugitives from Hong Kong to mainland China|date=28 April 2019|work=South China Morning Post}}</ref><ref>{{cite news|url=https://news.rthk.hk/rthk/en/component/k2/1455134-20190429.htm|title=New extradition laws still urgent, says Carrie Lam|date=29 April 2019|work=RTHK}}</ref><ref>{{cite news|url=https://www.hongkongfp.com/2019/04/29/hong-kong-man-centre-extradition-legal-row-jailed-29-months-may-early-october/|title=Hong Kong man at centre of extradition legal row jailed for 29 months, may be out as early as October|date=29 April 2019|work=Hong Kong Free Press}}</ref> A day after the protest, [[Chief Executive of Hong Kong|Chief Executive]] [[Carrie Lam]] was adamant that the bill would be enacted and said the Legislative Councillors had to pass new extradition laws before their summer break, even though the man at the heart of a case used to justify the urgency of new legislation Chan Tong-kai had been jailed for 29 months shortly before. |
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{{clear}} |
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⚫ | Carrie Lam also dismissed the assertion that the mainland was intentionally excluded from the extradition laws ahead of the handover of Hong Kong in 1997 as "trash talk". She denied that there were fears over the mainland's legal system after the handover, or that China had agreed to the exclusion. However, her claim was refuted by last colonial [[governor of Hong Kong]] [[Chris Patten]] and then Chief Secretary [[Anson Chan]]. "Both Hong Kong and China knew very well that there had to be a firewall between our different legal systems," said Patten.<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3009918/former-hong-kong-officials-chris-patten-and-anson-chan|title=Former Hong Kong officials Chris Patten and Anson Chan contradict Chief Executive Carrie Lam's claim that mainland China was not deliberately excluded as a destination for fugitive transfers|date=12 May 2019|newspaper=South China Morning Post}}</ref> Patten also warned that the extradition law would be the "worst thing" to happen in Hong Kong since the 1997 handover, saying that it would remove the firewall between Hong Kong and mainland China.<ref>{{cite news|url=https://www.hongkongfp.com/2019/05/22/ex-governor-chris-patten-says-extradition-bill-worst-thing-hong-kong-since-1997-carrie-lam-faces-grilling/|title=Ex-governor Chris Patten says extradition bill ‘worst thing’ for Hong Kong since 1997, as Carrie Lam faces grilling|date=22 May 2019|work=Hong Kong Free Press}}</ref> [[Malcolm Rifkind]], former [[British Foreign Secretary]] who oversaw the final stages of the handover, also denied that the lack of extradition arrangements between Hong Kong and the Mainland was "a loophole". He stated that "negotiators from both China and the UK made a conscious decision to create a clear divide between the two systems so that the rule of law remains robust", and that "lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice".<ref name="scmp3012853">{{Cite article|url=https://www.scmp.com/comment/opinion/article/3012853/there-no-loophole-hong-kongs-current-extradition-law-rather-it|title=There is no ‘loophole’ in Hong Kong's current extradition law. Rather, it provides a necessary firewall to protect the legal system|author=Malcolm Rifkind|work=South China Morning Post|date=4 June 2019|quote=He referred to public UK government documents FCO 40/3774; FCO 40/3775; FCO 40/2595 that proved his assertion.}}</ref> |
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== Loophole == |
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⚫ | Carrie Lam dismissed the assertion that the mainland was intentionally excluded from the extradition laws ahead of the handover of Hong Kong in 1997 as "trash talk". She denied that there were fears over the mainland's legal system after the handover, or that China had agreed to the exclusion. However, her claim was refuted by last colonial [[governor of Hong Kong]] [[Chris Patten]] and then Chief Secretary [[Anson Chan]]. "Both Hong Kong and China knew very well that there had to be a firewall between our different legal systems," said Patten.<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3009918/former-hong-kong-officials-chris-patten-and-anson-chan|title=Former Hong Kong officials Chris Patten and Anson Chan contradict Chief Executive Carrie Lam's claim that mainland China was not deliberately excluded as a destination for fugitive transfers|date=12 May 2019|newspaper=South China Morning Post}}</ref> Patten also warned that the extradition law would be the "worst thing" to happen in Hong Kong since the 1997 handover, saying that it would remove the firewall between Hong Kong and mainland China.<ref>{{cite news|url=https://www.hongkongfp.com/2019/05/22/ex-governor-chris-patten-says-extradition-bill-worst-thing-hong-kong-since-1997-carrie-lam-faces-grilling/|title=Ex-governor Chris Patten says extradition bill ‘worst thing’ for Hong Kong since 1997, as Carrie Lam faces grilling|date=22 May 2019|work=Hong Kong Free Press}}</ref> [[Malcolm Rifkind]], former [[British Foreign Secretary]] who oversaw the final stages of the handover, also denied that the lack of extradition arrangements between Hong Kong and the Mainland was "a loophole". He stated that "negotiators from both China and the UK made a conscious decision to create a clear divide between the two systems so that the rule of law remains robust", and that "lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice".<ref name="scmp3012853">{{Cite article|url=https://www.scmp.com/comment/opinion/article/3012853/there-no-loophole-hong-kongs-current-extradition-law-rather-it|title=There is no ‘loophole’ in Hong Kong's current extradition law. Rather, it provides a necessary firewall to protect the legal system|author=Malcolm Rifkind|work=South China Morning Post|date=4 June 2019|quote=He referred to public UK government documents FCO 40/3774; FCO 40/3775; FCO 40/2595 that proved his assertion.}}</ref> |
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{{clear}} |
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==Legislative Council row== |
==Legislative Council row== |
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[[File:香港立法會逃犯修例委員會”鬧雙胞”爆衝突4.jpg| |
[[File:香港立法會逃犯修例委員會”鬧雙胞”爆衝突4.jpg|left|thumb|230px|Members of two rival camps pushed and shoved each other in the Bills Committee meeting on 11 May 2019.]] |
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The [[pro-democracy camp]] which stringently opposed the law, deployed filibustering tactics by stalling the first two meetings of the Bills Committee, by preventing the election of a committee chairman, after the House Committee with pro-Beijing majority removed [[Democratic Party (Hong Kong)|Democratic Party]]'s [[James To]], the most senior member, from his position of presiding member, and replaced him with the third most senior member, pro-Beijing [[Abraham Shek]] of the Business and Professionals Alliance for Hong Kong (BPA), thereby bypassing the second most senior member [[Leung Yiu-chung]], a pro-democrat. To claimed that the move was illegitimate, adding that the secretariat had abused its power in issuing the circular without having any formal discussion. The pro-democrats insisted on going ahead with a 6 May meeting as planned which was rescheduled by Shek with only 20 members present. To and [[Civic Party]]'s [[Dennis Kwok]] were elected chair and vice chair of the committee.<ref>{{cite news|title=Democrats decry ‘coup’ as pro-Beijing lawmaker seeks to take over vetting of China extradition bill|date=6 May 2019|work=Hong Kong Free Press|url=https://www.hongkongfp.com/2019/05/06/democrats-decry-coup-pro-beijing-lawmaker-seeks-take-vetting-china-extradition-bill/}}</ref> |
The [[pro-democracy camp]] which stringently opposed the law, deployed filibustering tactics by stalling the first two meetings of the Bills Committee, by preventing the election of a committee chairman, after the House Committee with pro-Beijing majority removed [[Democratic Party (Hong Kong)|Democratic Party]]'s [[James To]], the most senior member, from his position of presiding member, and replaced him with the third most senior member, pro-Beijing [[Abraham Shek]] of the Business and Professionals Alliance for Hong Kong (BPA), thereby bypassing the second most senior member [[Leung Yiu-chung]], a pro-democrat. To claimed that the move was illegitimate, adding that the secretariat had abused its power in issuing the circular without having any formal discussion. The pro-democrats insisted on going ahead with a 6 May meeting as planned which was rescheduled by Shek with only 20 members present. To and [[Civic Party]]'s [[Dennis Kwok]] were elected chair and vice chair of the committee.<ref>{{cite news|title=Democrats decry ‘coup’ as pro-Beijing lawmaker seeks to take over vetting of China extradition bill|date=6 May 2019|work=Hong Kong Free Press|url=https://www.hongkongfp.com/2019/05/06/democrats-decry-coup-pro-beijing-lawmaker-seeks-take-vetting-china-extradition-bill/}}</ref> |
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# enhancing protection for the interests of surrendered persons, such as processing only requests from the central authority (as opposed to the local authority) of a place, following up with the Mainland the arrangements for helping sentenced persons to serve their sentence in Hong Kong, negotiating appropriate means and arrangements for post-surrender visits, etc. |
# enhancing protection for the interests of surrendered persons, such as processing only requests from the central authority (as opposed to the local authority) of a place, following up with the Mainland the arrangements for helping sentenced persons to serve their sentence in Hong Kong, negotiating appropriate means and arrangements for post-surrender visits, etc. |
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Hong Kong's five major business chambers—the Hong Kong General Chamber of Commerce (HKGCC), the [[Chinese General Chamber of Commerce]], the [[Chinese Manufacturers' Association of Hong Kong]], the [[Federation of Hong Kong Industries]], and the [[Hong Kong Chinese Importers' and Exporters' Association]] quickly welcomed the concessions, but legal scholars and pro-democrats opposing the bill argued there was still no guarantee of human rights and fair treatment for fugitives sent across the border.<ref>{{cite news|title=Hong Kong extradition bill: security chief announces safeguards to win support of major business groups and political allies|url=https://www.scmp.com/news/hong-kong/politics/article/3012498/hong-kong-security-chief-john-lee-rolls-out-new-measures|date=30 May 2019|newspaper=South China Morning Post}}</ref> John Lee dismissed calls to embed those safeguards in the proposed bill, claiming the current proposal would offer greater flexibility, adding he was confident mainland authorities would stay true to their promises, even without protection clauses in the bill.<ref>{{cite news|title=Hong Kong extradition bill: security chief John Lee says he expects Beijing to keep its promises on human rights safeguards|url=https://www.scmp.com/news/hong-kong/politics/article/3012778/hong-kong-extradition-bill-security-chief-john-lee-says-he|newspaper=South China Morning Post|date=2 June 2019}}</ref> |
Hong Kong's five major business chambers—the Hong Kong General Chamber of Commerce (HKGCC), the [[Chinese General Chamber of Commerce]], the [[Chinese Manufacturers' Association of Hong Kong]], the [[Federation of Hong Kong Industries]], and the [[Hong Kong Chinese Importers' and Exporters' Association]] quickly welcomed the concessions, but legal scholars and pro-democrats opposing the bill argued there was still no guarantee of human rights and fair treatment for fugitives sent across the border.<ref>{{cite news|title=Hong Kong extradition bill: security chief announces safeguards to win support of major business groups and political allies|url=https://www.scmp.com/news/hong-kong/politics/article/3012498/hong-kong-security-chief-john-lee-rolls-out-new-measures|date=30 May 2019|newspaper=South China Morning Post}}</ref> John Lee dismissed calls to embed those safeguards in the proposed bill, claiming the current proposal would offer greater flexibility, adding he was confident mainland authorities would stay true to their promises, even without protection clauses in the bill.<ref>{{cite news|title=Hong Kong extradition bill: security chief John Lee says he expects Beijing to keep its promises on human rights safeguards|url=https://www.scmp.com/news/hong-kong/politics/article/3012778/hong-kong-extradition-bill-security-chief-john-lee-says-he|newspaper=South China Morning Post|date=2 June 2019}}</ref> |
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⚫ | The [[Law Society of Hong Kong]] urged the government not to rush the legislation but should stop to conduct extensive consultation before it goes any further. The Bar Association said in response to the concessions that the additional safeguards provided by the government was "riddled with uncertainties ...[and that it] offers scarcely any reliable assurances."<ref>{{cite news|url=https://www.hongkongfp.com/2019/06/06/just-thousands-hong-kong-lawyers-stage-rare-silent-black-march-controversial-extradition-bill/|title=In Pictures: Thousands of Hong Kong lawyers stage rare, silent ‘black march’ over controversial extradition bill|date=6 June 2019|work=Hong Kong Free Press}}</ref> |
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⚫ | On 6 June, some 3,000 Hong Kong lawyers, representing around one quarter of the city's lawyers, marched against the bill. Wearing black, they marched from the [[Court of Final Appeal Building|Court of Final Appeal]] to the [[Central Government Complex|Central Government Offices]]. While lawyers expressed grave reservations about the openness and fairness of the justice system in China, limited access to a lawyer, and the prevalence of torture, Secretary for Security John Lee said the legal sector did not really understand the bill.<ref>{{cite web|url=https://uk.reuters.com/article/uk-hongkong-politics-extradition-march-idUKKCN1T71IN|title=Hong Kong lawyers protest "polarising" extradition bill in rare march|date=6 June 2019|agency=Reuters}}</ref> |
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== June 9 march== |
== June 9 march== |
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{{main|2019 Hong Kong anti-extradition bill protests#Third protest: 9 June}} |
{{main|2019 Hong Kong anti-extradition bill protests#Third protest: 9 June}} |
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A long march from [[Victoria Park, Hong Kong|Victoria Park]], [[Causeway Bay]] to the [[Legislative Council Complex|Legislative Council]] in [[Admiralty, Hong Kong|Admiralty]] was launched by the [[Civil Human Rights Front]].<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3013279/warning-more-protests-come-against-hong-kong-governments|title=Warning of more protests to come against Hong Kong government’s controversial extradition bill|date=7 June 2019|newspaper=South China Morning Post}}</ref><ref>{{Cite news|url=https://www.washingtonpost.com/world/hundreds-of-thousands-in-hong-kong-protest-law-to-allow-extraditions-to-china/2019/06/09/4cba9dde-8926-11e9-9d73-e2ba6bbf1b9b_story.html|title=Hundreds of thousands in Hong Kong protest law to allow extraditions to China|last=Shih|first=Gerry|date=9 June 2019|work=The Washington Post|access-date=9 June 2019|last2=McLaughlin|first2=Timothy}}</ref><ref>{{cite news|title=香港反送中遊行 驚見青天白日滿地紅國旗飄揚在現場|url=https://www.nownews.com/news/20190609/3433267/|work=NOW news|date=2019-06-09}}</ref> The number of protesters arrived at Hong Kong Island from early afternoon to late evening on the [[MTR]] caused the metro network to stop train arrivals at [[Tin Hau station|Tin Hau]] and [[Causeway Bay station]]s.<ref>{{cite news|url=https://topick.hket.com/article/2372210/%E3%80%90%E9%80%83%E7%8A%AF%E6%A2%9D%E4%BE%8B%E3%80%91%E6%B8%AF%E9%90%B5%E5%9B%9B%E7%B6%AB%E5%8F%97%E9%98%BB%E3%80%80%E7%B6%B2%E5%82%B3%E8%BB%8A%E9%95%B7%E7%89%B9%E5%88%A5%E5%BB%A3%E6%92%AD%E7%81%A3%E4%BB%94%E9%8A%85%E9%91%BC%E7%81%A3%E5%A4%A9%E5%90%8E%E5%8F%AF%E3%80%8C%E9%A3%9B%E7%AB%99%E3%80%8D|title=【逃犯條例】港鐵四綫受阻 網傳車長特別廣播灣仔銅鑼灣天后可「飛站」|date=9 June 2019|newspaper=經濟日報}}</ref> Protesters had to get off at [[Fortress Hill station|Fortress Hill]] in order to join the protest from there. Police urged protesters to march from Victoria Park before the 3 pm start-time to prevent overcrowding. A large number of protesters were leaving Victoria Park up to four hours after the start time and were still arriving at the end-point at Admiralty seven hours after the protest began. Police opened up all lanes on [[Hennessy Road]] after initially refusing to do so. Hundreds of thousands of protesters were drawn to the street, chanting "Scrap the evil law," "Oppose China extradition" and "Carrie Lam resign".<ref>{{Cite news|url=https://www.washingtonpost.com/world/hundreds-of-thousands-in-hong-kong-protest-law-to-allow-extraditions-to-china/2019/06/09/4cba9dde-8926-11e9-9d73-e2ba6bbf1b9b_story.html|title=Hundreds of thousands in Hong Kong protest law to allow extraditions to China|last=Shih|first=Gerry|date=9 June 2019|work=The Washington Post|access-date=9 June 2019|last2=McLaughlin|first2=Timothy}}</ref> |
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A long march from [[Victoria Park, Hong Kong|Victoria Park]], [[Causeway Bay]] to the [[Legislative Council Complex|Legislative Council]] in [[Admiralty, Hong Kong|Admiralty]] was launched by the [[Civil Human Rights Front]].<ref>{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3013279/warning-more-protests-come-against-hong-kong-governments|title=Warning of more protests to come against Hong Kong government’s controversial extradition bill|date=7 June 2019|newspaper=South China Morning Post}}</ref><ref>{{Cite news|url=https://www.washingtonpost.com/world/hundreds-of-thousands-in-hong-kong-protest-law-to-allow-extraditions-to-china/2019/06/09/4cba9dde-8926-11e9-9d73-e2ba6bbf1b9b_story.html|title=Hundreds of thousands in Hong Kong protest law to allow extraditions to China|last=Shih|first=Gerry|date=9 June 2019|work=The Washington Post|access-date=9 June 2019|last2=McLaughlin|first2=Timothy}}</ref><ref>{{cite news|title=香港反送中遊行 驚見青天白日滿地紅國旗飄揚在現場|url=https://www.nownews.com/news/20190609/3433267/|work=NOW news|date=2019-06-09}}</ref> |
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Jimmy Sham, convener of the Civil Human Rights Front claimed 1.03 million people attended the march,<ref name="69march">{{cite news|url=https://www.hongkongfp.com/2019/06/09/just-no-china-extradition-tens-thousands-hong-kong-protest-controversial-new-law/|title=Over a million attend Hong Kong demo against controversial extradition law, organisers say|date=9 June 2019|work=Hong Kong Free Press}}</ref> |
Jimmy Sham, convener of the Civil Human Rights Front claimed 1.03 million people attended the march, the largest protest Hong Kong has ever seen since 1997 handover, surpassing the turnout seen at mass rallies in support of the [[Tiananmen protests of 1989]] and [[Hong Kong 1 July marches|July 1 march of 2003]].<ref name="69march">{{cite news|url=https://www.hongkongfp.com/2019/06/09/just-no-china-extradition-tens-thousands-hong-kong-protest-controversial-new-law/|title=Over a million attend Hong Kong demo against controversial extradition law, organisers say|date=9 June 2019|work=Hong Kong Free Press}}</ref> However, the police had a more conservative estimate of 240,000 at its peak.<ref name="violent">{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3013757/violent-clashes-mar-protest-after-more-million-hongkongers|title=Violent clashes mar protest after ‘more than a million’ Hongkongers of all ages and backgrounds march against controversial extradition bill|date=10 June 2019|newspaper=South China Morning Post}}</ref> Similar protests were also launched in cities such as [[New York City]], [[San Francisco]], [[Los Angeles]], [[Toronto]], [[Vancouver]], [[London]], [[Berlin]], [[Frankfurt]], [[Tokyo]], [[Sydney]] and [[Taipei]]. |
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Hundreds of protesters camped out in front of the government headquarters into the night, with more joining them in response to calls from [[Demosisto]] and pro-independence activists to surround the Legislative Council building. The Civil Human Rights Front officially called an end to the march at 10pm. However, there were still many protesters at the compound. A stand-off with police around midnight descended into chaos, with protesters throwing bottles and metal barriers at the police when the police tried to drive them away with batons and pepper spray.<ref name="violent"/> |
Hundreds of protesters camped out in front of the government headquarters into the night, with more joining them in response to calls from [[Demosisto]] and pro-independence activists to surround the Legislative Council building. The Civil Human Rights Front officially called an end to the march at 10pm. However, there were still many protesters at the compound. A stand-off with police around midnight descended into chaos, with protesters throwing bottles and metal barriers at the police when the police tried to drive them away with batons and pepper spray.<ref name="violent"/> |
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⚫ | [[File:港府執意推進《逃犯條例》修法民陣謹慎動員民眾抗爭1.jpg|thumb|right|230px|[[Chief Executive of Hong Kong|Chief Executive]] [[Carrie Lam]] at the press conference with [[Secretary for Justice (Hong Kong)|Secretary for Justice]] [[Teresa Cheng (politician)|Teresa Cheng]] and [[Secretary for Security]] [[John Lee Ka-chiu|John Lee]] one day after the massive protest on 10 June.]] |
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⚫ | At 11pm, the government issued a press statement saying that the second reading debate on the bill would |
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⚫ | At 11pm, the government issued a press statement, saying that it "acknowledge[s] and respect[s] that people have different views on a wide range of issues", but insisted the second reading debate on the bill would resume on 12 June.<ref>{{cite news|url=https://www.info.gov.hk/gia/general/201906/09/P2019060900587.htm?fontSize=1|title=Government response to procession|date=9 June 2019|work=The Hong Kong Government}}</ref> Following the 10 June violent clashes coming after the government's statement, Lam spoke in the next morning, admitting that the size of the rally showed there were "clearly still concerns" over the bill but refused to withdraw the bill.<ref>{{cite news|url=https://www.theguardian.com/world/2019/jun/10/hong-kong-protests-china-state-media-foreign-forces-extradition-bill|title=Hong Kong protests: Carrie Lam vows to push ahead with extradition bill|date=10 June 2019|work=The Guardian}}</ref> She refused to draw in to the questions of whether she would fulfil her promise that she would resign "if mainstream opinion makes me no longer able to continue the job" in her [[2017 Hong Kong Chief Executive election|2017 Chief Executive election campaign]], only saying that it was important to have a stable governing team "at a time when our economy is going to undergo some very severe challenges because of external uncertainties."<ref>{{cite news|title=Carrie Lam vows to press on with controversial extradition bill despite mass protest but tries to pacify dissenters|url=https://www.scmp.com/news/hong-kong/politics/article/3013797/thanks-coming-im-not-changing-my-mind-defiant-carrie-lam|date=10 June 2019|newspaper=South China Morning Post}}</ref> |
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Sympathy protests also took place in 27 major cities such as [[New York City]], [[San Francisco]], [[Los Angeles]], [[Toronto]], [[Vancouver]], [[London]], [[Berlin]], [[Frankfurt]], [[Tokyo]], [[Sydney]] and [[Taipei]]. |
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After the protest, the Beijing government blamed "outside interference" and voiced its support to the Hong Kong administration. [[Chinese Foreign Ministry|Foreign Ministry]] spokesman [[Geng Shuang]] accused opponents of the proposed legislation of "collusion with the West".<ref name=hkfpcollude/> State-run media such as ''[[China Daily]]'' cited more than 700,000 people backing the legislation through an online petition, "countering a protest by about 240,000 people"<ref>{{cite news|url=http://www.thestandard.com.hk/section-news.php?id=208445|title='Massive backing' for change|date=10 June 2019|work=The Standard}}</ref><ref name=hkfpcollude>{{cite news|url=https://www.hongkongfp.com/2019/06/10/chinese-media-blames-hong-kong-demo-collusion-west/|title=Chinese media blames Hong Kong demo on collusion with West|date=10 June 2019|work=Hong Kong Free Press}}</ref> while the ''[[Global Times]]'' dismissed the mass demonstration on June 9, stating that "some international forces have significantly strengthened their interaction with the Hong Kong opposition in recent months".<ref>{{cite news|url=https://www.channelnewsasia.com/news/asia/china-backs-hong-kong-extradition-opposes-foreign-interference-11611722|title=China backs Hong Kong extradition law, opposes 'foreign interference'|date=10 June 2019|work=Channel News Asia}}</ref> The protests were mostly censored from Mainland Chinese social media.<ref>{{Cite web|url=https://www.ft.com/content/4c532828-8b3a-11e9-a1c1-51bf8f989972|title=Hong Kong protesters make historic stand over extradition bill|last=|first=|date=|website=Financial Times|language=en-GB|archive-url=|archive-date=|dead-url=|access-date=2019-06-10|quote=News of the massive protest was mostly censored on mainland Chinese social media.}}</ref> |
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[[U.S. State Department]] spokeswoman [[Morgan Ortagus]] voiced support to the June 9 protesters, saying that "the peaceful demonstration of hundreds of thousands of Hongkongers yesterday clearly shows the public’s opposition to the proposed amendments.” Ortagus also called on the Hong Kong government to push for "any amendments to the Fugitive Offenders Ordinance should be pursued with great care."<ref>{{cite news|title=US State Department expresses support for Hongkongers protesting extradition bill|url=https://www.scmp.com/news/china/diplomacy/article/3013939/us-state-department-expresses-support-hongkongers-protesting|date=11 June 2019|newspaper=South China Morning Post}}</ref> |
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==Second reading== |
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==June 12 clashes== |
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{{main|2019 Hong Kong anti-extradition bill protests#Strikes and sit-ins: 12 June}} |
{{main|2019 Hong Kong anti-extradition bill protests#Strikes and sit-ins: 12 June}} |
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[[File:2019-06-12 Hong Kong demonstrators on Harcourt Road.jpg|thumb|Protesters on [[Harcourt Road]] on 12 June 2019, adjacent to the [[Central Government Complex (Hong Kong)|Central Government Complex]]]] |
[[File:2019-06-12 Hong Kong demonstrators on Harcourt Road.jpg|thumb|left|250px|Protesters on [[Harcourt Road]] on 12 June 2019, adjacent to the [[Central Government Complex (Hong Kong)|Central Government Complex]].]] |
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After the government made it clear it would press ahead with the bill, the Civil Human Rights Front vowed to continue with its protest on 12 June, the day the second reading debate resumed. Hundreds of businesses closed for the day, and numerous workers went on strike to protest against the bill. The Hong Kong Cabin Crew Federation also called a strike; HSBC, Standard Chartered and Bank of East Asia closed some central branches. Some of the banks and the Big Four accounting firms had agreed to flexible work arrangements for staff; Hong Kong Jockey Club, one of the city’s most famous brands, shut down three of its central betting branches, citing employee safety.<ref>https://www.reuters.com/article/us-hongkong-extradition-strikes/hong-kong-shops-workers-in-rare-strike-to-defend-freedom-idUSKCN1TD0TG</ref><ref>{{cite news|title=About 100 businesses pledge to close doors to allow workers to join another protest against Hong Kong’s controversial extradition bill|date=10 June 2019|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/3013908/about-100-businesses-pledge-close-doors-allow-workers-join}}</ref> 50 social welfare and religious groups also expected to take part in strike. The [[Hong Kong Professional Teachers' Union]] (PTU) called on its members to attend a protest rally after school hours on that day. Student unions of several major higher education institutions including the [[Chinese University of Hong Kong]], [[Hong Kong Polytechnic University]], [[City University of Hong Kong]], [[Education University of Hong Kong]], [[Hong Kong Baptist University]] and [[Hong Kong Academy for Performing Arts]] also called for student strike on 12 June.<ref>{{cite news|title=多間院校學生會發起罷課反對修訂逃犯條例|date=2019-06-11|work=RTHK|url=https://news.rthk.hk/rthk/ch/component/k2/1462088-20190611.htm}}</ref> The [[Catholic Diocese of Hong Kong]] urged the Hong Kong government and the public to show restraint, and the administration "not to rush to amend the extradition bill before fully responding to the concerns of the legal sector and the public."<ref>{{cite news|title=Catholic Church urges restraint as social workers vow to strike and Hong Kong’s biggest teachers’ union calls for protests against extradition amendment|date=11 June 2019|url=https://www.scmp.com/news/hong-kong/politics/article/3014015/hong-kong-extradition-bill-catholic-church-urges-restraint|newspaper=South China Morning Post}}</ref> |
After the government made it clear it would press ahead with the bill, the Civil Human Rights Front vowed to continue with its protest on 12 June, the day the second reading debate resumed. Hundreds of businesses closed for the day, and numerous workers went on strike to protest against the bill. The Hong Kong Cabin Crew Federation also called a strike; HSBC, Standard Chartered and Bank of East Asia closed some central branches. Some of the banks and the Big Four accounting firms had agreed to flexible work arrangements for staff; Hong Kong Jockey Club, one of the city’s most famous brands, shut down three of its central betting branches, citing employee safety.<ref>https://www.reuters.com/article/us-hongkong-extradition-strikes/hong-kong-shops-workers-in-rare-strike-to-defend-freedom-idUSKCN1TD0TG</ref><ref>{{cite news|title=About 100 businesses pledge to close doors to allow workers to join another protest against Hong Kong’s controversial extradition bill|date=10 June 2019|newspaper=South China Morning Post|url=https://www.scmp.com/news/hong-kong/politics/article/3013908/about-100-businesses-pledge-close-doors-allow-workers-join}}</ref> 50 social welfare and religious groups also expected to take part in strike. The [[Hong Kong Professional Teachers' Union]] (PTU) called on its members to attend a protest rally after school hours on that day. Student unions of several major higher education institutions including the [[Chinese University of Hong Kong]], [[Hong Kong Polytechnic University]], [[City University of Hong Kong]], [[Education University of Hong Kong]], [[Hong Kong Baptist University]] and [[Hong Kong Academy for Performing Arts]] also called for student strike on 12 June.<ref>{{cite news|title=多間院校學生會發起罷課反對修訂逃犯條例|date=2019-06-11|work=RTHK|url=https://news.rthk.hk/rthk/ch/component/k2/1462088-20190611.htm}}</ref> The [[Catholic Diocese of Hong Kong]] urged the Hong Kong government and the public to show restraint, and the administration "not to rush to amend the extradition bill before fully responding to the concerns of the legal sector and the public."<ref>{{cite news|title=Catholic Church urges restraint as social workers vow to strike and Hong Kong’s biggest teachers’ union calls for protests against extradition amendment|date=11 June 2019|url=https://www.scmp.com/news/hong-kong/politics/article/3014015/hong-kong-extradition-bill-catholic-church-urges-restraint|newspaper=South China Morning Post}}</ref> |
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On 12 June, fresh round of demonstrations resumed in the morning and more people began to gathered outside the Legislative Council. Around 8am, protesters rushed onto [[Harcourt Road]] and blocked the traffic.<ref>{{cite web|url=https://twitter.com/hkpoliceforce/status/1138614919836758016?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1138614919836758016&ref_url=https%3A%2F%2Frp.liu233w.com%3A443%2Fhttps%2Fwww.scmp.com%2Fnews%2Fhong-kong%2Fpolitics%2Farticle%2F3014104%2Fthousands-block-roads-downtown-hong-kong-defiant-protest|title=Hong Kong Police Force on Twitter|date=12 June 2019|work=Twitter}}</ref> [[Lung Wo Road]] and surrounding streets were also blocked by the protesters in a scene reminiscent of the [[2014 Hong Kong protests|2014 Occupy protests]]. A banner written "Majority calls on Carrie Lam to step down" and "Withdraw the extradition bill, defend One Country Two Systems" was hung from the Admiralty Centre footbridge.<ref name="612clashes">{{cite news|url=https://www.scmp.com/news/hong-kong/politics/article/3014104/thousands-block-roads-downtown-hong-kong-defiant-protest|title=As it happened: Hong Kong police and extradition protesters renew clashes as tear gas flies|newspaper=South China Morning Post|date=12 June 2019}}</ref> Around 11am, the Legislative Council Secretariat announced that the second debate on the extradition bill has been delayed until further notice. Around 3pm, riot police sprayed pepper-based solution at protesters on Tim Wa Avenue as protesters threatened to charge the Legislative Council building. Some protesters kept charging forward, the police fired tear gas, beanbag rounds and rubber bullets at protesters. Commissioner of Police Stephen Lo declared the clashes a "riot".<ref name="612clashes"/> As of 6pm, 22 injured people had been sent to public hospitals, while [[President of the Legislative Council of Hong Kong|Legislative Council President]] called off the meeting of the day completely.<ref name="612clashes"/> Protesters were pushed away from the government headquarters, but many remained in the streets outside the AIA tower in [[Central, Hong Kong|Central]], [[Queensway, Hong Kong|Queensway]] outside [[Pacific Place (Hong Kong)|Pacific Place]] shopping mall and the junction of Arsenal Street and [[Hennessy Road]] in [[Wan Chai]] into the night. Numbers of protesters sharply dwindled after midnight and roads gradually reopened.<ref name="612clashes"/> At least 79 people, aged 15 to 66, including protesters and police officers, were treated in hospitals for injuries suffered during June 12 protests.<ref>{{cite news|title=79 in hospital after sustaining injuries from Admiralty clashes|date=13 June 2019|url=http://www.ejinsight.com/20190613-79-in-hospital-after-sustaining-injuries-from-admiralty-clashes/|work=ejinsight}}</ref> Around 150 tear gas canisters, "several" rounds of rubber bullets, and 20 beanbag shots were fired during the protest clearance.<ref>{{cite news|url=https://www.hongkongfp.com/2019/06/13/just-restrained-hong-kong-police-say-150-rounds-tears-gas-20-bean-bag-shots-fired-anti-extradition-law-riot/|title=‘Very restrained’ – Hong Kong police say 150 rounds of tears gas, 20 bean bag shots fired during anti-extradition law ‘riot’|date=13 June 2019|work=Hong Kong Free Press}}</ref> |
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On 12 June, protesters surrounded the Central Government Complex. The media made reports of violence, including numerous instances by the [[Hong Kong Police]]. |
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[[U.S. President]] [[Donald Trump]] impressed with the number of protesters who took to the streets of Hong Kong. "That was a million people [on 9 June]. That was as big a demonstration as I've ever seen," he said. He also expressed confidence in the matter, "I understand the reason for the demonstration, but I’m sure they will be able to work it out."<ref name="global">{{cite news|title=Global backing for protest rights as Trump hopes Hong Kong can ‘work it out’|url=https://www.theguardian.com/world/2019/jun/13/global-reaction-hong-kong-protest-rights-trump-may|work=The Guardian|date=13 June 2019}}</ref> The European Union said rights "need to be respected" in Hong Kong. "Over the past days, the people of Hong Kong have exercised their fundamental right to assemble and express themselves freely and peacefully. These rights need to be respected," the EU’s external affairs ministry statement said.<ref name="global"/> [[British Prime Minister]] [[Theresa May]], called for the rights and freedoms set out in the 1984 [[Sino-British Joint Declaration]] to be respected.<ref name="global"/> British Foreign Secretary Jeremy Hunt urged the Hong Kong government to "listen to the concerns of its people and its friends in the international community and to pause and reflect on these controversial measures."<ref name="global"/> U.S. Representative [[James McGovern]], a Democrat, said he and Republican co-sponsors planned to put forward legislation on Wednesday or Thursday that would likely raise the standard for determining whether Hong Kong was sufficiently autonomous to receive special treatment from the US on trade and economics under the 1992 Hong Kong Policy Act.<ref name="global"/> |
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Chief Executive Carrie Lam called the protests "dangerous and life threatening acts" that had devolved into a "blatant, organised riot".<ref name="global"/> Beijing mouthpiece ''[[People’s Daily]]'' published an article accusing protesters of "colluding with foreign anti-Chinese forces to manufacture social conflicts."<ref name="612clashes"/> Chinese Foreign Ministry spokesperson Geng Shuang said the chaos in Admiralty was "blatant and organized." He also said "the central government strongly denounces any violent actions, and supports the special administrative region government’s effort to tackle the issue in accordance with the law."<ref>{{cite news|title=Central government, local groups condemn riot|url=https://www.chinadailyhk.com/articles/227/82/241/1560446933681.html|date=14 June 2019|work=China Daily}}</ref> |
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==See also== |
==See also== |
Revision as of 03:56, 14 June 2019
A request that this article title be changed to Hong Kong extradition bill 2019 is under discussion. Please do not move this article until the discussion is closed. |
This article documents a current event. Information may change rapidly as the event progresses, and initial news reports may be unreliable. The latest updates to this article may not reflect the most current information. (June 2019) |
Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 | |
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Legislative Council of Hong Kong | |
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Considered by | Legislative Council of Hong Kong |
Legislative history | |
Introduced by | Secretary for Security John Lee |
Introduced | 29 March 2019 |
First reading | 3 April 2019 |
Related legislation | |
Fugitive Offenders Ordinance Mutual Legal Assistance in Criminal Matters Ordinance | |
Status: Pending |
The Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 (Chinese: 2019年逃犯及刑事事宜相互法律協助法例(修訂)條例草案) is a proposed bill regarding extradition to amend the Fugitive Offenders Ordinance (Cap. 503) in relation to special surrender arrangements and the Mutual Legal Assistance in Criminal Matters Ordinance (Cap. 525) so that arrangements for mutual legal assistance can be made between Hong Kong and any place outside Hong Kong.[2] The bill was proposed by the Hong Kong government in February 2019. The government proposed to establish a mechanism for transfers of fugitives not only for Taiwan, but also for Mainland China and Macau, which are not covered in the existing laws.[3]
The introduction of the bill caused widespread criticism domestically and abroad from the legal profession, journalist organisations, business groups, and foreign governments fearing the further erosion of Hong Kong's legal system and its built-in safeguards, as well as damaging Hong Kong's business climate. They were concerned about the heightened risk that Hong Kong citizens and foreign nationals passing through the city could be sent for trial to mainland China, where courts are under Chinese political control.[4][5] Authorities in Taipei stated that Taiwan would not agree to extradite any suspects from Hong Kong, on grounds that Taiwanese citizens in Hong Kong would be at greater risk of being extradited to Mainland China under the proposed bill, and suggested that legislation was politically motivated.[6][7] The Hong Kong government's rush to implement the legislation to extradite also gave rise to a precedent to short-circuit procedural safeguards in the Legislative Council.[8]
There have been multiple protests against the bill in Hong Kong. On 9 June, protesters estimated to number from hundreds of thousands to more than a million marched in the streets and called for Chief Executive Carrie Lam to step down.[9][10]
Background
In 1987, Special Group on Law of the Basic Law Consultative Committee submitted the Final Report on Conflict of Laws, Extradition, and Other Related Issues, in which the territorial principle was proposed to settle criminal jurisdiction issue between the future Hong Kong SAR and mainland China, stating that:
This means when a person, whether a Hong Kong inhabitant or an inhabitant of mainland China, who has committed an offence in Hong Kong should be prosecuted and tried according to the law of Hong Kong; whereas a person, whether a Hong Kong inhabitant or an inhabitant of mainland China, who has committed an offence in mainland should be prosecuted and tried according to the law of mainland.[11]
In 1998, pro-democrat legislator Martin Lee, then one of the group members, said in a Legislative Council meeting that the Hong Kong government should "stand firm" on the territorial principle when dealing with jurisdiction issue with mainland China, and that it "must tackle without delay" the "rendition and mutual legal assistance arrangements" between Hong Kong and other parts of China.[12] Nevertheless, as of 2019, such a rendition arrangement has never been made with either mainland China, Macau or Taiwan.
In early 2018, 19-year-old Hong Kong resident Chan Tong-kai allegedly killed his pregnant girlfriend Poon Hiu-wing in Taiwan, proceeding to return to Hong Kong. Chan admitted to Hong Kong police that he killed Poon but the police were unable to charge him for murder or extradite him to Taiwan because no agreement is in place.[13] Until May 2019, the two ordinances in Hong Kong, the Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance, were not applicable to the requests for surrender of fugitive offenders and mutual legal assistance between Hong Kong and Taiwan.[13][14] In February 2019, the government proposed changes to fugitive laws, establishing a mechanism for case-by-case transfers of fugitives by the Hong Kong Chief Executive to any jurisdiction with which the city lacks a formal extradition treaty, which it claims will close the "legal loophole".[15]
Provisions
The key provisions of the bill, as originally tabled, are as follows:
In the Fugitive Offenders Ordinance (FOO) (Cap. 503):[16]
- To differentiate case-based surrender arrangements (to be defined as "special surrender arrangements" in the proposal) from general long-term surrender arrangements;
- To stipulate that special surrender arrangements will be applicable to Hong Kong and any place outside Hong Kong, and they will only be considered if there are no applicable long-term surrender arrangements;
- To specify that special surrender arrangements will cover 37 of the 46 items of offences based on their existing description in Schedule 1 of the FOO, and the offences are punishable with imprisonment for more than three years (later adjusted to seven years) and triable on indictment in Hong Kong. A total of nine items of offences will not be dealt with under the special surrender arrangements;
- To specify that the procedures in the FOO will apply in relation to special surrender arrangements (except that an alternative mechanism for activating the surrender procedures by a certificate issued by the Chief Executive is provided), which may be subject to further limitations on the circumstances in which the person may be surrendered as specified in the arrangements;
- To provide that a certificate issued by or under the authority of the Chief Executive is conclusive evidence of there being special surrender arrangements, such that the certificate will serve as a basis to activate the surrender procedures. Such activation does not mean that the fugitive will definitely be surrendered as the request must go through all statutory procedures, including the issuance of an authority to proceed by the Chief Executive, the committal hearing by the court and the eventual making of the surrender order by the Chief Executive. Other procedural safeguards, such as application for habeas corpus, application for discharge in case of delay, and judicial review of the Chief Executive's decision, as provided under the FOO will remain unchanged;
And in the Mutual Legal Assistance in Criminal Matters Ordinance (MLAO) (Cap. 525):[16]
- To lift the geographical restriction on the scope of application of the Ordinance; and
- To provide that case-based co-operation premised on the undertaking of reciprocity will be superseded by the long-term MLA arrangements once the latter have been made and become effective.
Concerns
Opposition expressed fears about the legislation that the city would open itself up to the long arm of mainland Chinese law and that people from Hong Kong could fall victim to a different legal system. It therefore urged the government to establish an extradition arrangement with Taiwan only, and sunset the arrangement immediately after the surrender of Chan Tong-kai. [15] [17]
Business community
The business community also raised concerns over the mainland's court system. The Liberal Party and the Business and Professionals Alliance for Hong Kong (BPA), the two pro-business parties, suggested 15 economic crimes being exempted from the 46 offences covered by the extradition proposal.[18] The American Chamber of Commerce in Hong Kong (AmCham) criticised the mainland's "criminal process is plagued by deep flaws, including lack of an independent judiciary, arbitrary detention, lack of fair public trial, lack of access to legal representation and poor prison conditions".[19] The government responded to business chambers' concerns by exempting nine of the economic crimes originally targeted. Only offences punishable by at least three years in prison would trigger the transfer of a fugitive, up from the previously stated one year.[20]
On 1 April, Hong Kong billionaire tycoon Joseph Lau, former chair of the Chinese Estates Holdings who was convicted of bribery and money laundering in a land deal in Macau in 2014, applied for a judicial review over the bill in court. Lau's lawyers asked the court to make a declaration that the surrender of Lau to Macau would contravene the Hong Kong Bill of Rights.[21] Lau made an abrupt U-turn and dropped a legal challenge on 29 May, saying that he "loves his country and Hong Kong" and that he now supported the legislation.[22]
Legal sector
The Hong Kong Bar Association released a statement expressing its reservations over the bill, saying that the restriction against any surrender arrangements with mainland China was not a "loophole", but existed in light of the fundamentally different criminal justice system operating in the Mainland, and concerns over the Mainland's track record on the protection of fundamental rights. The association also questioned the accountability of the Chief Executive as the only arbiter of whether a special arrangement was to be concluded with a requesting jurisdiction without the scrutiny of the Legislative Council or without expanding the role of the courts in vetting extradition requests.[23] Twelve current and former chairs of the Bar Association warned that the government's "oft-repeated assertion that the judges will be gatekeepers is misleading" as "the proposed new legislation does not give the Court power to review such matters and the Court would be in no such position to do so."[24]
Three senior judges and twelve leading commercial and criminal lawyers called the bill "one of the starkest challenges to Hong Kong's legal system" in a Reuters report. They feared it would "put [the courts] on a collision course with Beijing" as the limited scope of extradition hearings would leave them little room to manoeuvre. They worry that if they tried to stop high-profile suspects from being sent across the border, they would be exposed to criticism and political pressure from Beijing. The judges and lawyers said that under Hong Kong's British-based common law system, extraditions are based on the presumption of a fair trial and humane punishment in the receiving country—a presumption they say China's Communist Party-controlled legal system has not earned.[24]
Human rights groups
Amnesty International, Hong Kong Human Rights Monitor, and Human Rights Watch declared their opposition to the bill, warning the extradition proposal could be used as a tool to intimidate critics of the Hong Kong or Chinese governments, peaceful activists, human rights defenders and could further expose those extradited to risks of torture or ill-treatment. The Hong Kong Journalists Association, other journalists unions and independent media outlets said the amendment would "not only threaten the safety of journalists but also have a chilling effect on the freedom of expression in Hong Kong."[25]
On 7 June, Amnesty International, Human Rights Watch, Human Rights Monitor and more than 70 other non-governmental organisations wrote an open letter to Chief Executive Carrie Lam stating the "serious shortcomings in the proposed amendment", claiming that the safeguards would be unlikely to provide genuine and effective protection as it did not resolve the real risk of torture or other ill-treatment, including detention in poor conditions for indefinite periods, or other serious human rights violations which are prohbited under the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.[26]
Taiwan response
Although Taiwan authorities attempted to negotiate directly with the Hong Kong government to work out a special arrangement, the Hong Kong government did not respond. Taipei also stated it would not enter into any extradition agreement with Hong Kong that defined Taiwan as part of the People's Republic of China. It opposed the proposed bill on grounds that Taiwanese citizens would be at greater risk of being extradited to Mainland China.[7] "Without the removal of threats to the personal safety of [Taiwan] nationals going to or living in Hong Kong caused by being extradited to mainland China, we will not agree to the case-by-case transfer proposed by the Hong Kong authorities," said Chiu Chui-cheng, deputy minister of Taiwan's Mainland Affairs Council. He also described the Taipei homicide case as an "excuse" and questioned whether Hong Kong government's legislation was "politically motivated". He added that Taiwanese people feared ending up like Lee Ming-che, a democracy activist who disappeared on a trip to the Chinese mainland and was later jailed for "subverting state power".[13]
April 28 demonstration
Bookseller Lam Wing-kee, who was kidnapped by Chinese agents in Shenzhen in 2015[27][28], left Hong Kong for Taiwan on 27 April, fearing the proposed extradition law would mean he could be sent to mainland China.[29]
On 28 April, an estimated 130,000 protesters joined the march against proposed extradition law. The turnout was the largest since an estimated 510,000 joined the annual July 1 protest in 2014.[30][31][32] A day after the protest, Chief Executive Carrie Lam was adamant that the bill would be enacted and said the Legislative Councillors had to pass new extradition laws before their summer break, even though the man at the heart of a case used to justify the urgency of new legislation Chan Tong-kai had been jailed for 29 months shortly before.
Carrie Lam also dismissed the assertion that the mainland was intentionally excluded from the extradition laws ahead of the handover of Hong Kong in 1997 as "trash talk". She denied that there were fears over the mainland's legal system after the handover, or that China had agreed to the exclusion. However, her claim was refuted by last colonial governor of Hong Kong Chris Patten and then Chief Secretary Anson Chan. "Both Hong Kong and China knew very well that there had to be a firewall between our different legal systems," said Patten.[33] Patten also warned that the extradition law would be the "worst thing" to happen in Hong Kong since the 1997 handover, saying that it would remove the firewall between Hong Kong and mainland China.[34] Malcolm Rifkind, former British Foreign Secretary who oversaw the final stages of the handover, also denied that the lack of extradition arrangements between Hong Kong and the Mainland was "a loophole". He stated that "negotiators from both China and the UK made a conscious decision to create a clear divide between the two systems so that the rule of law remains robust", and that "lawyers and politicians from across the political spectrum in Hong Kong have proposed multiple other viable solutions which will ensure that Chan faces justice".[35]
Legislative Council row
The pro-democracy camp which stringently opposed the law, deployed filibustering tactics by stalling the first two meetings of the Bills Committee, by preventing the election of a committee chairman, after the House Committee with pro-Beijing majority removed Democratic Party's James To, the most senior member, from his position of presiding member, and replaced him with the third most senior member, pro-Beijing Abraham Shek of the Business and Professionals Alliance for Hong Kong (BPA), thereby bypassing the second most senior member Leung Yiu-chung, a pro-democrat. To claimed that the move was illegitimate, adding that the secretariat had abused its power in issuing the circular without having any formal discussion. The pro-democrats insisted on going ahead with a 6 May meeting as planned which was rescheduled by Shek with only 20 members present. To and Civic Party's Dennis Kwok were elected chair and vice chair of the committee.[36]
Attempts to hold meetings on 11 May descended into chaos as the rival factions pushed and shoved each other along the packed hallway for the control of holding meeting in the same room. A number of legislators fell to the ground, including Gary Fan who fell from a table before he was sent to hospital despite the lack of visible injuries.[37] On 14 May, the meeting with two rival presiding chairmen descended into chaos again. Subsequently, pro-Beijing presiding chairman Abraham Shek announced that he could not hold a meeting and had asked the House Committee for guidance.[38] On 20 May, Secretary for Security John Lee announced that the government would resume the second reading of the bill in a full Legislative Council meeting on 12 June, bypassing the usual Bills Committee.[39] After a five-hour meeting on 24 May, the House Committee of the Legislative Council dominated by the pro-Beijing camp passed a motion in support of the government's move to resume the second reading of the bill at a full council meeting on 12 June.
International escalation
Beijing weighs in
The Beijing authorities weighed in when Director of the Hong Kong and Macau Affairs Office Zhang Xiaoming met a delegation led by Executive Councillor Ronny Tong in Beijing on 15 May in which Zhang showed support of the extradition law. At the same time, a delegation led by former pro-democrat legislator Martin Lee met with U.S. Secretary of State Mike Pompeo who later released statement that he "expressed concern" that the bill could threaten the city's rule of law. On 17 May, Director of the Liaison Office Wang Zhimin met more than 250 Beijing loyalists in Hong Kong in a two-hour closed-door meeting. Vice Premier Han Zheng and chairman of the Chinese People's Political Consultative Conference Wang Yang also spoke in favour of the extradition bill—becoming the highest-ranking Chinese state officials to give their public endorsement.[40] Chief Executive Carrie Lam defended Beijing's involvement, saying that mainland officials offered their views only after the bill controversy was "escalated" by foreign powers, which seized an opportunity to attack the mainland's legal system and human rights record. It was escalated to the level of "One Country, Two Systems" and the constitutionality concerning the Basic Law.[39]
Foreign pressure
On 24 May, Chief Secretary Matthew Cheung held a special meeting involving 100 officials including principal officials, permanent secretaries and their deputies ostensibly to "bring them up to speed on the justification for the extradition law". Meanwhile, 11 European Union representatives met with Carrie Lam and then issued a démarche to formally protest against the bill.[41][4] Also on 24 May, eight commissioners from the U.S. Congressional-Executive Commission on China (CECC), Marco Rubio, Tom Cotton, Steve Daines from the U.S. Senate, as well as James McGovern, Ben McAdams, Christopher Smith, Thomas Suozzi and Brian Mast from the U.S. House of Representatives wrote to Chief Executive Carrie Lam asking that the bill be "withdrawn from consideration", stating that "the proposed legislation would irreparably damage Hong Kong's cherished autonomy and protections for human rights by allowing the Chinese government to request extradition of business persons, journalists, rights advocates, and political activists residing in Hong Kong." The commissioners added that the bill could "negatively impact the unique relationship between the U.S. and Hong Kong"—referring to the longstanding U.S. policy of giving the city preferential treatment over mainland China based on the United States–Hong Kong Policy Act.[40]
The UK-based Hong Kong Watch also issued a petition on 29 May signed by 15 parliamentarians from various countries against the extradition bill. Signatories included Member of the House of Lords David Alton, Liberal Democrat Chief Whip of the House of Commons and Alistair Carmichael, Leader of the Alliance 90/The Greens in the Bundestag Katrin Göring-Eckardt, Deputy Shadow Minister for Foreign Affairs in the Canadian Parliament Garnett Genuis, Member of the Parliament of Malaysia and Chairman of the ASEAN Parliamentarians for Human Rights Charles Santiago, Member of the European Parliament from Austria Josef Weidenholzer, seven U.S. Senators and one U.S. Representative.[42]
The American Chamber of Commerce in Hong Kong (AmCham) issued a statement on 30 May, questioning the government's decision to push the bill through. "Hong Kong is not ready to see this bill passed, and we do not see why it should be rushed through when the loophole it seeks to address has existed for 20 years," the statement read. AmCham also sent Chief Secretary Matthew Cheung eight questions related to the bill following Cheung meeting with the foreign chambers of commerce on the previous day, including pressing the government on how it planned to address concerns from foreign diplomats in Hong Kong, and how it would ensure that the requesting jurisdictions could guarantee a fair trial. "Why would Hong Kong want to risk its reputation for the rule of law to gain this new reputation of 'combating crimes' with the city's relatively low crime rate?" the chamber asked.[43]
On 30 May, a joint statement was issued by British Foreign Secretary Jeremy Hunt and Canadian Minister of Foreign Affairs Chrystia Freeland to urge Hong Kong to ensure the new law was in-keeping with the city's autonomy. "We are concerned about the potential effect of these proposals on the large number of UK and Canadian citizens in Hong Kong, on business confidence and on Hong Kong's international reputation. Furthermore, we believe that there is a risk that the proposals could impact negatively on the rights and freedoms set down in the Sino-British Joint Declaration," the statement said.[44][45]
Online petitions
More than 167,000 students, alumni and teachers from all public universities and one in seven secondary schools in Hong Kong, including St. Francis' Canossian College which Carrie Lam attended, also launched online petitions against the extradition bill in a snowballing campaign.[46] St. Mary's Canossian College and Wah Yan College, Kowloon, which Secretary for Justice Teresa Cheng and Secretary for Security John Lee attended, respectively, also joined the campaign. Even the alumni, students and teachers at St. Stephen's College, which the victim in the Taiwan homicide case Poon Hiu-wing attended from Form 1 to Form 3, were unconvinced as they accused the government of using her case as a pretext to force the bill's passage.[47] High Court judge Patrick Li Hon-leung's signature was spotted on a petition signed by nearly 3,000 fellow University of Hong Kong alumni. A spokeswoman for the judiciary said Chief Justice Geoffrey Ma had reminded judges they should refrain from expressing their personal opinions on political issues, and particularly on legal issues that might come before the courts.[48]
No-confidence vote
Democratic Party legislator Andrew Wan moved a motion of no-confidence against Carrie Lam on 29 May on the grounds that Lam "blatantly lied" about the extradition bill and misled the public and the international community, as Lam claimed that colonial officials did not deliberately exclude China from extradition laws ahead of the 1997 Handover. It was the first no-confidence vote against her since she took the office in July 2017. Lam survived the vote with the backing of the pro-Beijing majority in the legislature. Chief Secretary Matthew Cheung defended Lam's record to and dismissed the motion as "an unnecessary political gesture".[49]
May 30 amendments
On 30 May, Secretary for Security John Lee rolled out six new measures to limit the scope of extraditable crimes and raise the bar to those punishable by the sentence of three years to seven years or above—a key demand from the Hong Kong General Chamber of Commerce (HKGCC). Only requests from top judicial bodies of a requesting jurisdiction, namely the Supreme People's Procuratorate and Supreme People's Court in Mainland China, may be considered. Lee's announcement came hours after a group of 39 pro-Beijing legislators called for the bill to be amended. Their two demands—raising the threshold on extraditable crimes and allowing only extradition requests from the mainland's top authority—were both accepted by the government.[50]
The government promulgated on 30 May the provision of "additional safeguards" in the following three aspects:[51]
- limiting the application of special surrender arrangements to the most serious offences only by raising the threshold requirement for applicable offences from imprisonment for more than three years to seven years or above;
- including safeguards that are in line with common human rights protection in the activation of special surrender arrangements, such as presumption of innocence, open trial, legal representation, right to cross-examine witnesses, no coerced confession, right to appeal, etc.; and the requesting party must guarantee that the effective limitation period of the relevant offence has not lapsed; and
- enhancing protection for the interests of surrendered persons, such as processing only requests from the central authority (as opposed to the local authority) of a place, following up with the Mainland the arrangements for helping sentenced persons to serve their sentence in Hong Kong, negotiating appropriate means and arrangements for post-surrender visits, etc.
Hong Kong's five major business chambers—the Hong Kong General Chamber of Commerce (HKGCC), the Chinese General Chamber of Commerce, the Chinese Manufacturers' Association of Hong Kong, the Federation of Hong Kong Industries, and the Hong Kong Chinese Importers' and Exporters' Association quickly welcomed the concessions, but legal scholars and pro-democrats opposing the bill argued there was still no guarantee of human rights and fair treatment for fugitives sent across the border.[52] John Lee dismissed calls to embed those safeguards in the proposed bill, claiming the current proposal would offer greater flexibility, adding he was confident mainland authorities would stay true to their promises, even without protection clauses in the bill.[53]
The Law Society of Hong Kong urged the government not to rush the legislation but should stop to conduct extensive consultation before it goes any further. The Bar Association said in response to the concessions that the additional safeguards provided by the government was "riddled with uncertainties ...[and that it] offers scarcely any reliable assurances."[54]
On 6 June, some 3,000 Hong Kong lawyers, representing around one quarter of the city's lawyers, marched against the bill. Wearing black, they marched from the Court of Final Appeal to the Central Government Offices. While lawyers expressed grave reservations about the openness and fairness of the justice system in China, limited access to a lawyer, and the prevalence of torture, Secretary for Security John Lee said the legal sector did not really understand the bill.[55]
June 9 march
A long march from Victoria Park, Causeway Bay to the Legislative Council in Admiralty was launched by the Civil Human Rights Front.[56][57][58] The number of protesters arrived at Hong Kong Island from early afternoon to late evening on the MTR caused the metro network to stop train arrivals at Tin Hau and Causeway Bay stations.[59] Protesters had to get off at Fortress Hill in order to join the protest from there. Police urged protesters to march from Victoria Park before the 3 pm start-time to prevent overcrowding. A large number of protesters were leaving Victoria Park up to four hours after the start time and were still arriving at the end-point at Admiralty seven hours after the protest began. Police opened up all lanes on Hennessy Road after initially refusing to do so. Hundreds of thousands of protesters were drawn to the street, chanting "Scrap the evil law," "Oppose China extradition" and "Carrie Lam resign".[60]
Jimmy Sham, convener of the Civil Human Rights Front claimed 1.03 million people attended the march, the largest protest Hong Kong has ever seen since 1997 handover, surpassing the turnout seen at mass rallies in support of the Tiananmen protests of 1989 and July 1 march of 2003.[61] However, the police had a more conservative estimate of 240,000 at its peak.[62] Similar protests were also launched in cities such as New York City, San Francisco, Los Angeles, Toronto, Vancouver, London, Berlin, Frankfurt, Tokyo, Sydney and Taipei.
Hundreds of protesters camped out in front of the government headquarters into the night, with more joining them in response to calls from Demosisto and pro-independence activists to surround the Legislative Council building. The Civil Human Rights Front officially called an end to the march at 10pm. However, there were still many protesters at the compound. A stand-off with police around midnight descended into chaos, with protesters throwing bottles and metal barriers at the police when the police tried to drive them away with batons and pepper spray.[62]
At 11pm, the government issued a press statement, saying that it "acknowledge[s] and respect[s] that people have different views on a wide range of issues", but insisted the second reading debate on the bill would resume on 12 June.[63] Following the 10 June violent clashes coming after the government's statement, Lam spoke in the next morning, admitting that the size of the rally showed there were "clearly still concerns" over the bill but refused to withdraw the bill.[64] She refused to draw in to the questions of whether she would fulfil her promise that she would resign "if mainstream opinion makes me no longer able to continue the job" in her 2017 Chief Executive election campaign, only saying that it was important to have a stable governing team "at a time when our economy is going to undergo some very severe challenges because of external uncertainties."[65]
After the protest, the Beijing government blamed "outside interference" and voiced its support to the Hong Kong administration. Foreign Ministry spokesman Geng Shuang accused opponents of the proposed legislation of "collusion with the West".[66] State-run media such as China Daily cited more than 700,000 people backing the legislation through an online petition, "countering a protest by about 240,000 people"[67][66] while the Global Times dismissed the mass demonstration on June 9, stating that "some international forces have significantly strengthened their interaction with the Hong Kong opposition in recent months".[68] The protests were mostly censored from Mainland Chinese social media.[69]
U.S. State Department spokeswoman Morgan Ortagus voiced support to the June 9 protesters, saying that "the peaceful demonstration of hundreds of thousands of Hongkongers yesterday clearly shows the public’s opposition to the proposed amendments.” Ortagus also called on the Hong Kong government to push for "any amendments to the Fugitive Offenders Ordinance should be pursued with great care."[70]
June 12 clashes
After the government made it clear it would press ahead with the bill, the Civil Human Rights Front vowed to continue with its protest on 12 June, the day the second reading debate resumed. Hundreds of businesses closed for the day, and numerous workers went on strike to protest against the bill. The Hong Kong Cabin Crew Federation also called a strike; HSBC, Standard Chartered and Bank of East Asia closed some central branches. Some of the banks and the Big Four accounting firms had agreed to flexible work arrangements for staff; Hong Kong Jockey Club, one of the city’s most famous brands, shut down three of its central betting branches, citing employee safety.[71][72] 50 social welfare and religious groups also expected to take part in strike. The Hong Kong Professional Teachers' Union (PTU) called on its members to attend a protest rally after school hours on that day. Student unions of several major higher education institutions including the Chinese University of Hong Kong, Hong Kong Polytechnic University, City University of Hong Kong, Education University of Hong Kong, Hong Kong Baptist University and Hong Kong Academy for Performing Arts also called for student strike on 12 June.[73] The Catholic Diocese of Hong Kong urged the Hong Kong government and the public to show restraint, and the administration "not to rush to amend the extradition bill before fully responding to the concerns of the legal sector and the public."[74]
On 12 June, fresh round of demonstrations resumed in the morning and more people began to gathered outside the Legislative Council. Around 8am, protesters rushed onto Harcourt Road and blocked the traffic.[75] Lung Wo Road and surrounding streets were also blocked by the protesters in a scene reminiscent of the 2014 Occupy protests. A banner written "Majority calls on Carrie Lam to step down" and "Withdraw the extradition bill, defend One Country Two Systems" was hung from the Admiralty Centre footbridge.[76] Around 11am, the Legislative Council Secretariat announced that the second debate on the extradition bill has been delayed until further notice. Around 3pm, riot police sprayed pepper-based solution at protesters on Tim Wa Avenue as protesters threatened to charge the Legislative Council building. Some protesters kept charging forward, the police fired tear gas, beanbag rounds and rubber bullets at protesters. Commissioner of Police Stephen Lo declared the clashes a "riot".[76] As of 6pm, 22 injured people had been sent to public hospitals, while Legislative Council President called off the meeting of the day completely.[76] Protesters were pushed away from the government headquarters, but many remained in the streets outside the AIA tower in Central, Queensway outside Pacific Place shopping mall and the junction of Arsenal Street and Hennessy Road in Wan Chai into the night. Numbers of protesters sharply dwindled after midnight and roads gradually reopened.[76] At least 79 people, aged 15 to 66, including protesters and police officers, were treated in hospitals for injuries suffered during June 12 protests.[77] Around 150 tear gas canisters, "several" rounds of rubber bullets, and 20 beanbag shots were fired during the protest clearance.[78]
U.S. President Donald Trump impressed with the number of protesters who took to the streets of Hong Kong. "That was a million people [on 9 June]. That was as big a demonstration as I've ever seen," he said. He also expressed confidence in the matter, "I understand the reason for the demonstration, but I’m sure they will be able to work it out."[79] The European Union said rights "need to be respected" in Hong Kong. "Over the past days, the people of Hong Kong have exercised their fundamental right to assemble and express themselves freely and peacefully. These rights need to be respected," the EU’s external affairs ministry statement said.[79] British Prime Minister Theresa May, called for the rights and freedoms set out in the 1984 Sino-British Joint Declaration to be respected.[79] British Foreign Secretary Jeremy Hunt urged the Hong Kong government to "listen to the concerns of its people and its friends in the international community and to pause and reflect on these controversial measures."[79] U.S. Representative James McGovern, a Democrat, said he and Republican co-sponsors planned to put forward legislation on Wednesday or Thursday that would likely raise the standard for determining whether Hong Kong was sufficiently autonomous to receive special treatment from the US on trade and economics under the 1992 Hong Kong Policy Act.[79]
Chief Executive Carrie Lam called the protests "dangerous and life threatening acts" that had devolved into a "blatant, organised riot".[79] Beijing mouthpiece People’s Daily published an article accusing protesters of "colluding with foreign anti-Chinese forces to manufacture social conflicts."[76] Chinese Foreign Ministry spokesperson Geng Shuang said the chaos in Admiralty was "blatant and organized." He also said "the central government strongly denounces any violent actions, and supports the special administrative region government’s effort to tackle the issue in accordance with the law."[80]
See also
- 2019 in Hong Kong
- 2019 Hong Kong anti-extradition bill protests
- 6th Legislative Council of Hong Kong
- Causeway Bay Books disappearances
- Extradition Act 2003
- Hong Kong–Taiwan relations
- Human rights in China
- Victor Mallet visa controversy
References
- ^ "Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019" (PDF). Legislative Council of Hong Kong.
- ^ Tso, Timothy. "Legal Service Division Report on Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019" (PDF). Legislative Council of Hong Kong.
- ^ "Fears over Hong Kong-China extradition plans". BBC. 8 April 2019.
- ^ a b "EU lodges formal diplomatic note against contentious Hong Kong extradition bill". Reuters. 24 May 2019.
- ^ "Is HK tilting from a semi-democracy to a semi-dictatorship?". Ejinsight. 23 May 2019.
- ^ "Debate over Hong Kong's proposed extradition law devolves into a scuffle in the legislative council". The Washington Post. 11 May 2019.
- ^ a b Meick, Ethan (7 May 2019). "Hong Kong's Proposed Extradition Bill Could Extend Beijing's Coercive Reach: Risks for the United States" (PDF). U.S.-China Economic and Security Review Commission.
- ^ "大律師公會 轟港府暗渡陳倉 倡《逃犯條例》適用範圍刪除內地 Hong Kong Bar Association criticises the government, recommends against including Mainland China". Apple Daily. 5 March 2019. Retrieved 9 May 2019.
- ^ "Hong Kong pushes bill allowing extraditions to China despite..." Reuters. 10 June 2019. Retrieved 10 June 2019.
- ^ Wong, Chun Han (10 June 2019). "Beijing Digs In on Hong Kong Extradition Bill". Wall Street Journal. ISSN 0099-9660. Retrieved 10 June 2019.
- ^ Special Group on Law of the Basic Law Consultative Committee (12 June 1987). Final Report on Conflict of Laws, Extradition, and Other Related Issues (PDF). Retrieved 12 June 2019.
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ignored (help) - ^ "Council Meeting (Hansard) 9 Dec 98". Legislative Council of the Hong Kong SAR of the PRC. 9 December 1998. Retrieved 12 June 2019.
- ^ a b c "Taiwan won't ask for murder suspect if Hong Kong passes 'politically motivated' extradition law". Hong Kong Free Press. 10 May 2019.
- ^ "LCQ3: Proposed amendments to Fugitive Offenders Ordinance and Mutual Legal Assistance in Criminal Matters Ordinance". Government Information Services. 27 March 2019.
- ^ a b "Extradition bill not made to measure for mainland China and won't be abandoned, Hong Kong leader Carrie Lam says". South China Morning Post. 1 April 2019.
- ^ a b "Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019 to be submitted to LegCo". Government of Hong Kong. 26 March 2019.
- ^ https://www.scmp.com/news/hong-kong/politics/article/3006463/hong-kongs-pro-democracy-lawmakers-seek-last-minute
- ^ "Ex-Hong Kong chief secretary Henry Tang and Exco member Jeffrey Lam join business sector in criticising extradition deal with mainland China". South China Morning Post. 7 March 2019.
- ^ "Extradition agreement with mainland China would damage Hong Kong's 'safe reputation' for business, AmCham says". South China Morning Post. 6 March 2019.
- ^ "Hong Kong-mainland China extradition plan to be watered down by exempting 9 economic crimes, under intense pressure from business community". South China Morning Post. 26 March 2019.
- ^ "Fugitive tycoon Joseph Lau files legal challenge against Hong Kong's China extradition law plan". Hong Kong Free Press. 1 April 2019.
- ^ "Fugitive tycoon Joseph Lau withdraws legal challenge against Hong Kong's controversial extradition bill". South China Morning Post. 29 May 2019.
- ^ "Observations of the Hong Kong Bar Association on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019". CitizenNews. 2 April 2019.
- ^ a b "Exclusive: Hong Kong judges see risks in proposed extradition changes". Reuters. 29 May 2019.
- ^ "New extradition law would enable China to capture journalists in Hong Kong, warns media watchdog". Hong Kong Free Press. 3 April 2019.
- ^ "Hong Kong's extradition law plan is a threat to human rights, say over 70 NGOs in open letter". Hong Kong Free Press. 7 June 2019.
- ^ "Hong Kong unsettled by case of 5 missing booksellers". The Big Story. Associated Press. 3 January 2016.
- ^ "Britain accuses China of serious breach of treaty over 'removed' Hong Kong booksellers". The Guardian. 12 February 2016.
- ^ "Bookseller Lam Wing-kee leaves Hong Kong for Taiwan, fearing proposed extradition law will mean he is sent to mainland China". South China Morning Post. 27 April 2019.
- ^ "Estimated 130,000 protesters join march against proposed extradition law that will allow transfer of fugitives from Hong Kong to mainland China". South China Morning Post. 28 April 2019.
- ^ "New extradition laws still urgent, says Carrie Lam". RTHK. 29 April 2019.
- ^ "Hong Kong man at centre of extradition legal row jailed for 29 months, may be out as early as October". Hong Kong Free Press. 29 April 2019.
- ^ "Former Hong Kong officials Chris Patten and Anson Chan contradict Chief Executive Carrie Lam's claim that mainland China was not deliberately excluded as a destination for fugitive transfers". South China Morning Post. 12 May 2019.
- ^ "Ex-governor Chris Patten says extradition bill 'worst thing' for Hong Kong since 1997, as Carrie Lam faces grilling". Hong Kong Free Press. 22 May 2019.
- ^ Template:Cite article
- ^ "Democrats decry 'coup' as pro-Beijing lawmaker seeks to take over vetting of China extradition bill". Hong Kong Free Press. 6 May 2019.
- ^ "Hong Kong government condemns 'disorderly and uncontrollable conditions' after Legco chaos halts meeting of committee reviewing extradition bill". South China Morning Post. 11 May 2019.
- ^ "Hong Kong extradition bill explained: how did we get into this mess and what happens next?". South China Morning Post. 15 May 2019.
- ^ a b "Hong Kong leader Carrie Lam defends Beijing's involvement in extradition bill row, pointing out foreign powers 'escalated' controversy". South China Morning Post. 21 May 2019.
- ^ a b "More int'l criticism of Hong Kong's controversial extradition bill, as legislature caves to gov't demands". Hong Kong Free Press. 25 May 2019.
- ^ "11 EU representatives meet Hong Kong leader Carrie Lam to protest against controversial extradition bill as government gathers 100 officials to build united front". South China Morning Post. 24 May 2019.
- ^ "15 International Parliamentarians urge Carrie Lam to Scrap the Extradition Proposals". Hong Kong Watch. 29 May 2019.
- ^ "Hong Kong No 2 official Matthew Cheung fails to win over AmCham in meeting on controversial extradition bill". South China Morning Post. 30 May 2019.
- ^ "Hong Kong gov't announces three new concessions to extradition bill after pressure from pro-Beijing camp". Hong Kong Free Press. 30 May 2019.
- ^ "Proposed extradition law changes in Hong Kong: UK and Canada joint statement". Foreign & Commonwealth Office and The Rt Hon Jeremy Hunt MP. 30 May 2019.
- ^ "【引渡修例】中學反修例聯署共逾16萬簽名人次 鄭若驊母校居榜首". HKC News. 5 June 2019.
- ^ "Thousands sign petitions against extradition bill at 90 Hong Kong schools – including city leader Carrie Lam's alma mater St Francis Canossian College". South China Morning Post. 28 May 2019.
- ^ "High Court judge gets warning from Hong Kong's chief justice after name appears on petition against extradition bill". South China Morning Post. 8 June 2019.
- ^ "Hong Kong leader Carrie Lam survives first no confidence vote, as democrats cite 'lies' over extradition row". Hong Kong Free Press. 30 May 2019.
- ^ "Hong Kong security chief John Lee rolls out new measures to water down controversial extradition bill". South China Morning Post. 30 May 2019.
- ^ "LCQ2: Human rights safeguards under Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 2019". Hong Kong Government. 5 June 2019.
- ^ "Hong Kong extradition bill: security chief announces safeguards to win support of major business groups and political allies". South China Morning Post. 30 May 2019.
- ^ "Hong Kong extradition bill: security chief John Lee says he expects Beijing to keep its promises on human rights safeguards". South China Morning Post. 2 June 2019.
- ^ "In Pictures: Thousands of Hong Kong lawyers stage rare, silent 'black march' over controversial extradition bill". Hong Kong Free Press. 6 June 2019.
- ^ "Hong Kong lawyers protest "polarising" extradition bill in rare march". Reuters. 6 June 2019.
- ^ "Warning of more protests to come against Hong Kong government's controversial extradition bill". South China Morning Post. 7 June 2019.
- ^ Shih, Gerry; McLaughlin, Timothy (9 June 2019). "Hundreds of thousands in Hong Kong protest law to allow extraditions to China". The Washington Post. Retrieved 9 June 2019.
- ^ "香港反送中遊行 驚見青天白日滿地紅國旗飄揚在現場". NOW news. 9 June 2019.
- ^ "【逃犯條例】港鐵四綫受阻 網傳車長特別廣播灣仔銅鑼灣天后可「飛站」". 經濟日報. 9 June 2019.
- ^ Shih, Gerry; McLaughlin, Timothy (9 June 2019). "Hundreds of thousands in Hong Kong protest law to allow extraditions to China". The Washington Post. Retrieved 9 June 2019.
- ^ "Over a million attend Hong Kong demo against controversial extradition law, organisers say". Hong Kong Free Press. 9 June 2019.
- ^ a b "Violent clashes mar protest after 'more than a million' Hongkongers of all ages and backgrounds march against controversial extradition bill". South China Morning Post. 10 June 2019.
- ^ "Government response to procession". The Hong Kong Government. 9 June 2019.
- ^ "Hong Kong protests: Carrie Lam vows to push ahead with extradition bill". The Guardian. 10 June 2019.
- ^ "Carrie Lam vows to press on with controversial extradition bill despite mass protest but tries to pacify dissenters". South China Morning Post. 10 June 2019.
- ^ a b "Chinese media blames Hong Kong demo on collusion with West". Hong Kong Free Press. 10 June 2019.
- ^ "'Massive backing' for change". The Standard. 10 June 2019.
- ^ "China backs Hong Kong extradition law, opposes 'foreign interference'". Channel News Asia. 10 June 2019.
- ^ "Hong Kong protesters make historic stand over extradition bill". Financial Times. Retrieved 10 June 2019.
News of the massive protest was mostly censored on mainland Chinese social media.
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(help) - ^ "US State Department expresses support for Hongkongers protesting extradition bill". South China Morning Post. 11 June 2019.
- ^ https://www.reuters.com/article/us-hongkong-extradition-strikes/hong-kong-shops-workers-in-rare-strike-to-defend-freedom-idUSKCN1TD0TG
- ^ "About 100 businesses pledge to close doors to allow workers to join another protest against Hong Kong's controversial extradition bill". South China Morning Post. 10 June 2019.
- ^ "多間院校學生會發起罷課反對修訂逃犯條例". RTHK. 11 June 2019.
- ^ "Catholic Church urges restraint as social workers vow to strike and Hong Kong's biggest teachers' union calls for protests against extradition amendment". South China Morning Post. 11 June 2019.
- ^ "Hong Kong Police Force on Twitter". Twitter. 12 June 2019.
- ^ a b c d e "As it happened: Hong Kong police and extradition protesters renew clashes as tear gas flies". South China Morning Post. 12 June 2019.
- ^ "79 in hospital after sustaining injuries from Admiralty clashes". ejinsight. 13 June 2019.
- ^ "'Very restrained' – Hong Kong police say 150 rounds of tears gas, 20 bean bag shots fired during anti-extradition law 'riot'". Hong Kong Free Press. 13 June 2019.
- ^ a b c d e f "Global backing for protest rights as Trump hopes Hong Kong can 'work it out'". The Guardian. 13 June 2019.
- ^ "Central government, local groups condemn riot". China Daily. 14 June 2019.