New Macau urges gov’t to ‘come clean’ on Hong Kong extradition treaty

The New Macau Association (ANM) has urged the Macau government to “come clean” and disclose details on the extradition treaty it will be signing with Hong Kong later this year.
ANM’s vice-president, Jason Chao, said that the comments made by the Secretary for Administration and Justice, Sonia Chan, this summer are worrying, since she has allegedly hinted that the extradition agreement might not comply with some international extradition principles.
Chao told a press conference yesterday that the association fears that the rules of double criminality, jurisdiction over offenses committed against Macau nationals, and forms of punishment principles might not be observed in the extradition agreement, which is currently being discussed with the neighboring SAR.
“Sonia Chan’s comments are worrying because she noted that some international principles are not going to be observed. So we are asking which principles are not going to be observed? This is a very important question,” he stated.
If the extradition treaty fails to observe certain principles, ANM members fear that citizens may end up being extradited to Hong Kong for offenses that are not considered to be crimes under Macau’s laws.
Double criminality, for instance, is an extradition principle observed in various countries, stating that a suspect can only be extradited from one country to another to stand trial if they break a law that exists in both countries.
Furthermore, they also fear that Macau citizens may be extradited to countries boasting more severe prison sentences.
“So there may be a case where Macau residents could be extradited to serve a life sentence, which is against principles set forth in our current law,” he recalled.
Chao also fears that Hong Kong residents may be extradited to Macau for offenses related to exposing state secrets – a crime outlawed by Hong Kong’s mini-constitution but not by Macau’s Basic Law.
The political activist acknowledged that an extradition agreement also under discussion between Macau and mainland China poses an even greater concern. He fears that citizens may be extradited to China, where rights, freedoms and protection from torture might not be observed.
Chao commented on the recent case of a Chinese fugitive who saw his residency status in Macau revoked by the Secretary for Economy and Finance’s Office. Wu Quansheng was eventually expelled from Macau, although the SAR and mainland China have not yet signed an extradition treaty.
The political activist called it a rendition case, and went even further to suggest that this is a recurring practice in Macau: “We know that the Macau government declares people who are listed on the mainland China’s wanted citizens list as persona non grata. Technically these people cannot be deported to China, but I have information that this is a current practice.”
The political activist acknowledged nonetheless that Macau and Hong Kong need an extradition agreement to prevent criminals from walking free, citing Joseph Lau’s case.
“He has been sentenced to five years in prison [in Macau]. But you all know he walks free in Hong Kong and he’s escaping justice. We all understand the need for an agreement on the transfer of fugitives. But these agreements must comply with international principles, which safeguard our rights and freedoms,” he noted.
If the government fails to respond to their appeal, ANM’s vice-president has pledged to take this matter to the United Nations in November, when he will be attending a meeting of the UN’s Commission against Torture.