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> Extradition treaty require local competent court to make a decision whether to extradite or not. Actually it erodes the court's decision-making ability as al

> Extradition treaty require local competent court to make a decision whether to extradite or not. Actually it erodes the court's decision-making ability as all the court can do is judge whether the request meets the legal standard, not whether there is any merit to it. > here majority of the protestors do not even understand how extradition works. That's patronising and, unless I see some reliable polling on it, I wouldn't believe it is true. > Hong Kong do not have a decent judiciary or legal system, it works at the whims of China (again a perception created by few). This is broadly false.

dragonsh 7y ago
> Actually it erodes the court's decision-making ability as all the court can do is judge whether the request meets the legal standard, not whether there is any merit to it. Hong Kong has extradition treaty with 20 other jurisdiction did it erode its judicial independence? > Patronising It isn't patronising I have yet to see a manifesto with legal details why extradition treaty is ok with 20 other jurisdiction not with Taiwan and China. Below is a brief on it. "Upon receiving a request for extradition, Hong Kong’s Department of Justice first determines whether several conditions are met, including: the crime is one of the 37 listed categories and punishable by seven years or more in prison; the offence in question is a crime in both Hong Kong and the requesting jurisdiction; the offence in question is not of a political character, and the offence is not punishable by death. If the justice department determines that the conditions are met, then it goes before Hong Kong’s chief executive, who can decide whether to veto or proceed with the extradition request. At this point, the suspect can apply for judicial review, with a right to appeal in the city’s highest court. If the request proceeds, an arrest warrant is issued, after which the subject is immediately barred from leaving Hong Kong. Once the subject is arrested, the case moves to the courts, where a preliminary hearing is held. Once the court decides that there is no political motive behind the extradition request, and that there is sufficient prima facie evidence that there is a possible case, it can then make an order of committal. At this point, the suspect can appeal. With the judicial process over, the request goes back to the chief executive, who can again decide to deny the extradition request on humanitarian grounds. Here, the subject can petition the chief executive to oppose extradition. Should the chief executive decide to proceed with the extradition, an extradition order is given. At this stage, the suspect can again appeal to the courts to stop the extradition. If the suspect decides not to appeal, or if the appeal is unsuccessful, the suspect is extradited. The process could take years, which is typical of extradition proceedings."

dragonsh 7y ago

> Actually it erodes the court's decision-making ability as all the court can do is judge whether the request meets the legal standard, not whether there is any merit to it. Hong Kong has extradition treaty with 20 other jurisdiction did it erode its judicial independence? > Patronising It isn't patronising I have yet to see a manifesto with legal details why extradition treaty is ok with 20 other jurisdiction not with Taiwan and China. Below is a brief on it. "Upon receiving a request for extradition, Hong Kong’s Department of Justice first determines whether several conditions are met, including: the crime is one of the 37 listed categories and punishable by seven years or more in prison; the offence in question is a crime in both Hong Kong and the requesting jurisdiction; the offence in question is not of a political character, and the offence is not punishable by death. If the justice department determines that the conditions are met, then it goes before Hong Kong’s chief executive, who can decide whether to veto or proceed with the extradition request. At this point, the suspect can apply for judicial review, with a right to appeal in the city’s highest court. If the request proceeds, an arrest warrant is issued, after which the subject is immediately barred from leaving Hong Kong. Once the subject is arrested, the case moves to the courts, where a preliminary hearing is held. Once the court decides that there is no political motive behind the extradition request, and that there is sufficient prima facie evidence that there is a possible case, it can then make an order of committal. At this point, the suspect can appeal. With the judicial process over, the request goes back to the chief executive, who can again decide to deny the extradition request on humanitarian grounds. Here, the subject can petition the chief executive to oppose extradition. Should the chief executive decide to proceed with the extradition, an extradition order is given. At this stage, the suspect can again appeal to the courts to stop the extradition. If the suspect decides not to appeal, or if the appeal is unsuccessful, the suspect is extradited. The process could take years, which is typical of extradition proceedings."