Angry Patten promises to fight US extradition ruling

Hong Kong - A United States judge has delivered a blow to the international credibility of Hong Kong's legal system which could open the door to a flood of suspects using the imminent Chinese takeover as a way of avoiding justice, writes Stephen Vines.

On Tuesday a Boston District Court judge refused to grant an extradition order for a suspect in a bribery and conspiracy case on grounds that the colony's legal system may not remain "sufficiently fair" following the end of British rule on 30 June.

Yesterday Chris Patten, the Governor of Hong Kong, said he was "literally amazed by the decision". The Government said it would mount "an urgent appeal" against the ruling. A statement issued by the colony's Legal Department said: "We are amazed that the district judge seems to have ignored completely the guarantees contained in the Sino-British Joint Declaration and the Basic Law [the territory's new mini-constitution] about the continuation of Hong Kong's common law system."

The American ruling opens the door to the so-called "1997 defence", now being used by a number of lawyers on behalf of fugitive Hong Kong clients who have argued that the independence of the judiciary would be diminished under Chinese rule.

Mr Patten maintained that the ruling was not a reflection of United States government policy but reflected the views of one judge. However it is far from clear whether the US will renew the existing extradition treaty with Britain once China takes over the colony.

The Boston case involves Jerry Lui, a former British- American Tobacco Company executive who faces 10 bribery and corruption charges. His lawyers have transformed the case into a human rights battle by gathering a mountain of evidence about the alleged end of Hong Kong's present judicial system after 30 June.

Sino-British agreements state that there will be no changes to the system. However, there are indications that these undertakings have been undermined. Nihal Jayawickrama, a professor of law at Hong Kong University, said controversy over breaches of these undertakings has created "fears about the independence of the judiciary".

He added that the American ruling "reflects a judge's perception that this accused person is not likely to get a fair trial if proceedings go beyond July 1". He believes that other judges might cite the American precedent in refusing to extradite suspects.

Dr Jayawickrama said few countries have extradition agreements with China because its legal system is "unacceptable to most countries".

Only a few Asian countries have concluded extradition agreements to come into force after 1 July. If more do not do so, Hong Kong is in danger of not securing the return of fugitives and becoming a haven for criminals wanted overseas.

News
i100
News
Netherlands' goalkeeper Tim Krul fails to make a save from Costa Rica's midfielder Celso Borges during a penalty shoot-out in the quarter-final between Netherlands and Costa Rica during the 2014 FIFA World Cup
newsGoalkeepers suffer from 'gambler’s fallacy' during shoot-outs
News
people
Arts and Entertainment
Standing the test of time: Michael J Fox and Christopher Lloyd in 'Back to the Future'
filmReview: A week late, Secret Cinema arrives as interactive screening goes Back to the Future
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebookA unique anthology of reporting and analysis of a crucial period of history
Travel
travel
Arts and Entertainment
Sydney and Melbourne are locked in a row over giant milk crates
artCultural relations between Sydney and Melbourne soured by row over milk crate art instillation
Arts and Entertainment
Adèle Exarchopoulos and Léa Seydoux play teeneage lovers in the French erotic drama 'Blue Is The Warmest Colour' - The survey found four times as many women admitting to same-sex experiences than 20 years ago
filmBlue Is The Warmest Colour, Bojack Horseman and Hobbit on the way
Arts and Entertainment
Preparations begin for Edinburgh Festival 2014
Edinburgh festivalAll the best shows to see at Edinburgh this year
News
Two giraffes pictured on Garsfontein Road, Centurion, South Africa.
i100
Environment
View from the Llanberis Track to the mountain lake Llyn
Du’r Arddu
environmentA large chunk of Mount Snowdon, in north Wales, is up for sale
Independent
Travel Shop
the manor
Up to 70% off luxury travel
on city breaks Find out more
santorini
Up to 70% off luxury travel
on chic beach resorts Find out more
sardina foodie
Up to 70% off luxury travel
on country retreats Find out more
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Consultant - Bristol - Computer Futures - £18-25k

£18000 - £25000 per annum + Commission: SThree: Computer Futures are currently...

Trainee Recruitment Consultant - Real Staffing - Leeds - £18k+

£18000 - £27000 per annum + Commission: SThree: Sales - Trainee Recruitment Co...

Trainee Recruitment Consultant - Manchester - Progressive Rec.

£18000 - £23000 per annum + Commission: SThree: Progressive Recruitment are cu...

Trainee Recruitment Consultant - Birmingham - Huxley Associates

£18000 - £23000 per annum + Commission: SThree: Huxley Associates are currentl...

Day In a Page

Dress the Gaza situation up all you like, but the truth hurts

Robert Fisk on Gaza conflict

Dress the situation up all you like, but the truth hurts
Save the tiger: Tiger, tiger burning less brightly as numbers plummet

Tiger, tiger burning less brightly

When William Blake wrote his famous poem there were probably more than 100,000 tigers in the wild. These days they probably number around 3,200
5 News's Andy Bell retraces his grandfather's steps on the First World War battlefields

In grandfather's footsteps

5 News's political editor Andy Bell only knows his grandfather from the compelling diary he kept during WWI. But when he returned to the killing fields where Edwin Vaughan suffered so much, his ancestor came to life
Lifestyle guru Martha Stewart reveals she has flying robot ... to take photos of her farm

Martha Stewart has flying robot

The lifestyle guru used the drone to get a bird's eye view her 153-acre farm in Bedford, New York
Former Labour minister Meg Hillier has demanded 'pootling lanes' for women cyclists

Do women cyclists need 'pootling lanes'?

Simon Usborne (who's more of a hurtler) explains why winning the space race is key to happy riding
A tale of two presidents: George W Bush downs his paintbrush to pen father’s life story

A tale of two presidents

George W Bush downs his paintbrush to pen father’s life story
Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover

The dining car makes a comeback

Restaurateur Mitch Tonks has given the Great Western Pullman dining car a makeover
Gallery rage: How are institutions tackling the discomfort of overcrowding this summer?

Gallery rage

How are institutions tackling the discomfort of overcrowding this summer?
Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players

Eye on the prize

Louis van Gaal has £500,000 video surveillance system installed to monitor Manchester United players
Women's rugby: Tamara Taylor adds fuel to the ire in quest to land World Cup

Women's rugby

Tamara Taylor adds fuel to the ire in quest to land World Cup
Save the tiger: The day America’s love of backyard tigers led to a horrific bloodbath

The day America’s love of backyard tigers led to a horrific bloodbath

With only six per cent of the US population of these amazing big cats held in zoos, the Zanesville incident in 2011 was inevitable
Samuel Beckett's biographer reveals secrets of the writer's time as a French Resistance spy

How Samuel Beckett became a French Resistance spy

As this year's Samuel Beckett festival opens in Enniskillen, James Knowlson, recalls how the Irish writer risked his life for liberty and narrowly escaped capture by the Gestapo
We will remember them: relatives still honour those who fought in the Great War

We will remember them

Relatives still honour those who fought in the Great War
Star Wars Episode VII is being shot on film - and now Kodak is launching a last-ditch bid to keep celluloid alive

Kodak's last-ditch bid to keep celluloid alive

Director J J Abrams and a few digital refuseniks shoot movies on film. Simon Usborne wonders what the fuss is about
Once stilted and melodramatic, Hollywood is giving acting in video games a makeover

Acting in video games gets a makeover

David Crookes meets two of the genre's most popular voices