In the light of the recent geopolitical happenings, Australia has put a hold on its extradition treaty with Hong Kong. This decision is in retaliation to China’s imposition of a new national security law. The extradition treaty between Australia and Hong Kong had been operational since 1993.
Understanding Extradition
Extradition is a formal procedure where one country surrenders an accused person to another country for the purpose of prosecution or punishment. The crimes in question are those committed within the jurisdiction of the requesting country. Typically, this process comes into play through a bilateral or multilateral treaty. In situations where India does not share an extradition treaty with the concerned country, the legal framework for extradition is established by Section 3(4) of the Indian Extradition Act, 1962.
The Historical Connection Between Hong Kong and China
Before being transferred to China in 1997, Hong Kong was a British colony. It now exists as one of China’s Special Administrative Regions (SAR), guided by the mini-constitution known as the Basic Law. This constitutional document, a result of the 1984 Sino-British Joint Declaration, guarantees Hong Kong’s liberal policies, system of governance, independent judiciary, and individual freedoms for 50 years from 1997.
Concerns Regarding the National Security Law
China overruled Hong Kong’s Legislative Council to enforce the national security law, which criminalises activities deemed to be secessionist, subversive or terrorist, or involving foreign interference in Hong Kong affairs. This law enjoys wide-ranging police powers, including conducting warrantless searches and ordering the removal of internet content that violates its terms. Many consider this law as an infringement on human rights, particularly freedom of speech and assembly of the Hong Kong people. China’s involvement also breaches the Basic Law, which asserts that central government agencies should not intervene in Hong Kong’s functioning.
Global Reaction to the National Security Law
Australia has responded by extending visa durations and creating paths for permanent residency visas. In addition, it has offered “safe haven” visas to Chinese people, a move similar to the one post the 1989 Tiananmen Square crackdown. Britain, on its part, has extended residency rights for up to 3 million Hong Kong residents who are eligible for British National Overseas passports. Canada too has suspended its extradition treaty with Hong Kong and is exploring other alternatives including migration. India, home to a large Indian community in Hong Kong, is closely observing the situation.
China’s Reaction
China has warned Australia against intervention in what it views as China’s internal affairs with Hong Kong. Indications have been made that such steps could have significant adverse consequences for the Australian economy.
Way Forward
The introduction of the national security law threatens to undermine Hong Kong’s position as an East Asian trading hub. It also draws global criticism towards Beijing, which is already under scrutiny concerning allegations of withholding critical information about the Covid-19 pandemic. The future of Hong Kong remains uncertain as the freedoms granted to it under the Basic Law will expire in 2047 and its status post that remains unclear.
