Following in the footsteps of Australia, Canada and the United Kingdom, the United States submitted its extradition agreement with Hong Kong on Wednesday as well as a bilateral agreement on the revenues of international ships. The decision whether or not to accept an extradition request generally takes into account the political aspect of an isolated case, Huang said. “Most governments do not take into account requests for the extradition of political criminals.” While extraditions can technically be carried out between jurisdictions that do not have an existing contract, the absence of such a contract means that extradition proceedings are subject to obstacles and therefore cannot guarantee legitimate transfers of refugees who have committed serious crimes such as murder, rape and drug trafficking. Beijing called on the United States to “immediately correct its mistakes” after denouncing bilateral agreements with Hong Kong. Trump said he wanted to punish China for what he called “oppressive actions” against the city. President Donald Trump had already found that Hong Kong was no longer eligible for further preferential treatment from the United States. The three agreements cover the surrender of refugees, transfers and convicted prisoners, as well as mutual exemptions from income from international shipping. In addition, the termination of the contractual commitment also risks completely severing extradition cooperation, even if it is technically still feasible. In this sense, some of these suspended contracts also have provisions that give the required party the right to reject politically-related extradition requests. In the case of the extradition treaty between the United States and Hong Kong, it provides that the agreement “excludes political offences from the obligation to transfer.” The United States has terminated its extradition agreement with Hong Kong, the latest step in putting pressure on Beijing after the imposition of a controversial national security law on the former British territory. Other nations, such as Britain, Germany and Australia, have also suspended extradition agreements in recent weeks.
A contract means that the signatory parties are required to consider an extradition request, and due process usually only applies to the judicial branches of both jurisdictions, Huang Jin, president of the Chinese Society for International Law, told the CGTN. “China is asking the United States to immediately correct its mistakes,” State Department spokesman Zhao Lijian said at a news conference announcing the suspension of the mutual legal aid agreement.