DAILY | EDITION Wednesday, May 15, 2019 | 7 COMMENT HK

TO THE POINT New US commission report STAFF WRITER Sincerity needed from the opposition makes flawed assessments People who thought members of judicial system and trying to drive a the opposition camp were just using wedge between Hong Kong residents another delaying tactic to foil the gov- and the central government. ernment’s proposed extradition law This has also made people cynical amendment could be excused for being about the opposition’s plan to have a tri- on HK for political reasons skeptical. But they were right to have partite meeting on the rendition issue. doubts after scrutinizing some opposi- Some believe the opposition only fl oated tion lawmakers’ remarks on their new this idea after it was suggested that the proposal to hold a tripartite meeting on bill be tabled for scrutiny by the full Grenville Cross explains how the report has come to the rendition amendment bill with the Legislative Council, therefore bypass- pro-establishment camp and govern- ing the bills committee which has been inaccurate, biased conclusions on the consequences of ment o cials. hijacked by Democratic Party lawmaker “The ball is now in the government’s Kun-sun and his opposition proposed changes to the Fugitive Offenders Ordinance court,” Man-ching, convener colleagues. It is not unreasonable to of the “pro-democracy” camp, said on believe that opposition lawmakers are n 2000, the US-China Eco- who welcomed them. She eagerly rolled Tuesday. just trying to preempt a humiliating nomic and Security Review out the red carpet, hoping they would put If Mo was serious, she has shown defeat in a full LegCo meeting — where Commission was established the boot into Hong Kong, and they did just how easy it is for the opposition to they are the underdogs. by the US Congress. Its man- not disappoint. According to Kwok, one throw a political ball into the govern- To show their sincerity, James To date is to monitor, investigate of the “key issues” they discussed was the ment’s court. But to convince people must also refrain from asserting “his and submit to Congress an government’s fugitive o ender plans, with it was not just another delaying tactic chairmanship” of the bills committee annual report on the national Grenville Cross Pelosi expressing “deep concern”. This, of (in order to pass responsibility for the responsible for vetting the extradition security implications of the bilateral trade The author is a senior counsel, a law course, should have surprised nobody, as impasse over the extradition amend- law amendment bill. He must stop hold- Iand economic partnership between the professor and criminal justice analyst, the trio, while happy to savage the propos- ment bill to the executive branch of ing further “bills committee meetings” US and China. It is also required, where and was previously the director of pub- als, suppressed the positives. the government) the opposition camp without pro-establishment lawmakers. lic prosecutions. appropriate, to make recommendations In consequence, the commission’s brief — particularly its legislators — must After all, his “chairmanship” has no to Congress for legislative and administra- The commission’s brief, disregards the international safeguards demonstrate their sincerity in resolving legitimacy; it was merely assigned to tive action. which underpin the security bureau’s the dispute. him by his opposition colleagues in the Although the commission’s terms of however, is not concerned proposals, particularly regarding non- Demanding things such as “no dead- absence of pro-establishment committee reference do not specifi cally require it to extradition for political o enses, or for lines” to settle the confl ict and insisting members who constitute the majority of base its assessments on objective analyses, with the 174 countries, death penalty cases. Nor does it mention on shelving or retracting the rendition the bills committee. the Congress presumably expects no less. but only with the Chinese that surrender will be refused if the true amendment bill defi nitely won’t help. If members of the opposition insist The Congress also hopefully looks to the purpose of the request is to persecute Nor will insulting government o cials on derailing the extradition amendment commission to examine issues compre- mainland, which exposes someone for his or her race, religion, — particularly Chief Executive Carrie bill, rather than seeking refi nements to hensively, and without partiality. If so, nationality or political opinions. The close Lam Cheng Yuet-ngor — with abrasive provisions, any tripartite meetings will the commission, in its latest “USCC Issue its anti-China mindset. judicial scrutiny of the whole process, language, disparaging the mainland’s just be a waste of time. Brief”, compiled by sta er Ethan Meick, a including rights of appeal, is likewise policy analyst, has fallen down on the job. fugitives they sent back were not treated disregarded. Since the trio explained The proposed amendments to the as agreed. This shows that commitments, none of these things clearly to Pelosi, it is Fugitive O enders Ordinance will enable once made, are honored, which has always unsurprising that she, in turn, was in no fugitives in Hong Kong to be returned, been China’s way. position to brief Bartholomew properly, on a case-by-case basis, to other jurisdic- The US, moreover, although it does before she signed o on Meick’s brief. Take the fi rst step toward tions for trial. Since Hong Kong currently not have an extradition treaty with the This is a great pity, because it means has no fugitive surrender arrangements Chinese mainland, has nonetheless sent that Congress has received an inaccurate in place with the other parts of China, or several fugitives back for trial, and they, briefi ng. It is also alarming, because the with 174 countries around the world, it has as the parties agreed, were treated appro- brief asserts that, if the fugitive o ender reconciliation and dialogue become a sanctuary for criminals, some- priately. In 2005, for example, when Yu proposals are enacted, the US may have to thing which no self-respecting jurisdiction Zhendong was returned from Las Vegas to “reexamine important elements of its cur- he recent dramas in the Legisla- can be expected to tolerate. Beijing, on embezzlement charges, the US rent relationship with Hong Kong”. This tive Council, especially that last However, the commission’s brief con- was given assurances as to his treatment could mean the suspension or even revo- Saturday, on which date two demns the proposals, conjuring up far- and sentencing, and these were honored. cation of the US-Hong Kong Policy Act, meetings convened respectively fetched scenarios. With its imagination in Again, in 2015, when Yang Yinjun was sent under which Hong Kong is treated di er- byT the pro-establishment camp and by the overdrive, it even suggests that US Navy back to face bribery charges, Washington ently from the mainland in trading mat- “pan-democrats” were to be held in the same personnel on recreational visits to Hong was happy to help Beijing’s “Sky Net” anti- ters. This, of course, might damage Hong meeting room at about the same time, are Ho Lok-sang Kong could fi nd themselves being extra- corruption initiative, subject only to basic Kong commercial interests, as Chan’s trio a worrying development. A brawl between The author is the dean of business at Chu dited to the mainland, and that they may guarantees, which were duly given. must have known when they set Pelosi up. the two camps led to one legislator taken Hai College of Higher Education. therefore need to stop coming here. If it Quite clearly, as the commission must The commission’s brief, moreover, away on a stretcher bed and several others really believes that, perhaps the commis- know, the US itself would never tolerate a provides another fascinating insight claiming minor injury. No meeting was suc- Demanding the retraction of the bill will end sion should also warn US sailors to keep situation in which a fugitive could evade into its thinking. In 2017, Hong Kong cessfully held or completed. Another meeting any meaningful dialogue. On the other hand, away from Seoul, since South Korea has justice by simply moving from one part declined a US extradition request for scheduled Tuesday also ended in chaos. proposing and demanding such mechanisms an extradition agreement with China. of the country to another. The notion that an alleged hacker, and this clearly still The incident came on the back of a prior that will ensure no abuse of the extradition The commission’s brief, however, is not a criminal could commit an o ense in, rankles. Although the commission claims meeting held exclusively among the “pan- law will make a dialogue possible. Carrie concerned with the 174 countries, but only for example, Arizona, and then claim safe that the case raised “questions regard- democrats” which was declared illegal by the Lam Cheng Yuet-ngor had a point when with the Chinese mainland, which exposes haven in, say, Texas, would strike most ing the Hong Kong authorities’ ability to pro-establishment camp and which the “pan- she said that a private meeting to persuade its anti-China mindset. Meick claims that Americans as abhorrent, and the extradi- uphold legal commitments to the US”, the democrats” claimed had successfully elected her to shelve the proposed amendment bill the proposals “could allow Beijing to pres- tion clause in the US constitution seeks to US-Hong Kong fugitive surrender agree- James To Kun-sun to preside over the debate would be futile. sure the Hong Kong government to extra- avoid this ever happening. How, therefore, ment states specifi cally that either side on the fugitive law amendment. I was fl attered when I heard Civic Party dite US citizens under false pretenses”, the commission can seriously suggest that can legitimately refuse a request where Former president of the LegCo Jasper legislator Alvin Yeung Ngok-kiu cited me in which is a reckless hypothesis, indicat- there should not also be a mechanism it involves the defence, foreign a airs Tsang Yok-shing proposed that the matter his criticism of Lam on the radio. He charged ing ignorance of how the “one country, in place in Hong Kong to enable fugitive or essential public interest or policy of should be taken directly to the general meet- the chief executive with not listening to the two systems” paradigm operates. It also o ender transfers, in appropriate cases, the state. Although exact reasons for the ing of LegCo, thus bypassing the bills com- people, “not even Professor Albert Chen disregards the pivotal role played in the to other parts of China beggars belief, and refusal are not known, the commission is mittee. His argument is that two meetings Hung-yee, not even Prof Ho Lok-sang...” extradition process by Hong Kong’s inde- raises serious questions over its objectiv- naive to assume that Hong Kong, or any to elect the chairman of the bills committee Because Prof Chen and I have proposed pendent judiciary, as well as the battery of ity. The reasons, however, are not hard to other place, will automatically comply had failed to do so, and more meetings will ways to get around the problem of mistrust, safeguards designed to prevent any abuse fi nd, for they start at the top. with any US request for surrender, and it not change this scenario. Another former it does seem that he was open to amending of the system. The commission is chaired by Carolyn certainly a ords no basis for disparaging president of LegCo, Andrew Wong Wang-fat, the amendment bill with a view to passing Although the commission is quite Bartholomew. She was previously chief Hong Kong’s current e orts to promote disagrees. He thinks that bills committee will it provided that the necessary reassurances prepared to impute bad faith to Beijing, of sta , legislative director, and foreign more e ective criminal justice in China, allow detailed discussions over each pro- were added. it conveniently ignores the fact that 40 policy adviser to none other than Nancy and beyond. posed provision in the amendment, and that Hong Kong has extradition arrangements countries have already signed extradition Pelosi, now the US House of Representa- Although the commission seeks to this would not be possible with a general with di erent jurisdictions; and the main- agreements with the Chinese mainland, tives speaker. It was Pelosi, moreover, who intimidate Hong Kong, no respectable meeting. The same view was expressed by land has signed extradition treaties with at including some US allies, such as France, appointed her to the commission for a government can succumb to political Honorary Chairwoman of the Liberal Party least 40 countries, including France, Portu- Spain and Thailand. None of these has two-year term, expiring on Dec 31, 2019, blackmail, particularly when it is pre- Miriam Lau Kin-yee. To her, while the move gal, South Korea, and Spain. Although Can- ever been hoodwinked, let alone coerced, and to whom, therefore, she is beholden. mised on a fundamentally fl awed analy- may be legally allowed, it would set a bad ada does not have an extradition treaty with in the manner the commission suggests. Against this background, the picture sis. The Hong Kong government must, precedent. China, fugitive entrepreneur-cum-smuggler This apart, those 40 countries would becomes clearer. When Hong Kong’s therefore, persevere, and do all it can to All these are worrying developments that Lai Changxing was deported to China in not have signed their extradition agree- three “pan-democrats”, Fang get its message out. If the rule of law is may undermine the hitherto successful 2011 upon promises that he would not be ments with Beijing if they felt that On-sang, Dennis Kwok Wing-hang, and to prevail, criminals must face justice, implementation of the “one country, two executed. He was eventually convicted of returned fugitives would not be appro- Nai-kwong, made their and if this can be achieved it will benefi t systems” principle. To continue with the suc- smuggling and bribing government o cials priately treated. Indeed, there have been now notorious trip to Washington DC in not only Hong Kong but also the wider cess, we need more trust: Trust between the and sentenced to life imprisonment in 2012. no complaints from any of them that the March, it was Pelosi, as the top Democrat, global community. executive and the legislative branches, trust There is no denying that the rule of law between the Hong Kong public and the SAR on the mainland has improved by leaps and government, and trust between the Hong bounds over the past 10 years, but there Kong public and the central government. is also no denying that there is still much Trying to force the issue without building a room for improvement. From this perspec- Editor’s note: China Daily Hong consensus will undermine trust. It is time to tive, there may well be a silver lining in the Kong Edition has launched a photo- take the fi rst step toward reconciliation. confusion over the fugitive law amendment sharing campaign on Instagram. You I would propose that the chief executive bill. The mainland authorities may reex- can share your photos by tagging meet with the “pan-democrats” privately as amine the legal system and take steps to #hk24hr, and we’ll choose the best the fi rst step. It is not important which side further increase transparency, accountabil- ones to publish in the newspaper. initiates the meeting, but such a meeting is ity, and improve standards and procedures. clearly necessary and important. It will be a blessing in disguise if central The current impasse is playing into the authorities use this opportunity to further hands of the pro-Taiwan independence elevate the country’s international standing Democratic Progressive Party. DPP is hop- in the rule of law. ing to see erosion of trust between the Hong According to the US News’ 2019 Best Kong public and the central government. Country Ranking, China now stands at The impasse fuels its warning over “Taiwan 16th among 80 countries, ahead of Bel- becoming another Hong Kong” under the gium and after Singapore. This is up from “one country, two systems” principle. the 20th place last year. In the Citizenship Excavations I also would propose that the “pan-demo- sub-ranking, China is at the 41st place — An excavator operating at a land crats” stop demanding the retraction of the just at the middle among the 80 countries reclamation construction site in bill. They need to know that it is in the inter- ranked. A further improvement in the rule Wan Chai looks like someone est of Hong Kong that trust between Hong of law will help push China to the top 10 trying to find light in the Kong and the central government grows best countries in the world, and that cer- darkness. @WHAT9HK / INSTAGRAM and that “one country, two systems” works. tainly will inspire trust.