Taiwan Extradition Agreements

Taiwanese authorities asked the Hong Kong authorities for help in extraditing him, but Hong Kong officials said they could not comply because there was no extradition agreement with Taiwan. To remedy this, Taiwan would have to sign an extradition agreement, which proved difficult. According to the Hong Kong government, 19 countries have signed extradition agreements with the region, the NAC reported. The list includes the United States, Australia, New Zealand, the United Kingdom, Germany and several Asian countries, including South Korea, the Philippines, Singapore, Malaysia, Indonesia and India. Hong Kong has extradition agreements with 20 countries, including Britain and the United States, but despite ongoing negotiations over the past two decades, no such agreement has been reached with mainland China. However, as the call “Support Hong Kong Protect Taiwan” shows, Taiwan is not behind Hong Kongers without keeping an eye on its own national interest. There is nothing wrong with this realistic attitude. Taiwan would be wrong to fully support Hong Kongers` opposition to the extradition law, regardless of its own sovereign quarrels with Beijing. To consolidate its de facto independence, Taiwan has every reason to add up its sovereign signs by continuing to invoke criminal jurisdiction for extraterritorial crimes and refugees.

Yet Taiwan has no moral reason to expect Hong Kong to contradict its own identity by associating extrajudicial transfers or unnecessarily provoking Beijing by denouncing “one country, two systems.” Finally, Taiwanese himself, fearful of giving Beijing an apology for the use of force, decided to live under a Chinese constitution. Since the possibility of extrajudicial transfer is excluded (and the law is laid), the only solution for Hong Kong appears to be to enter into an extradition agreement with Taiwan under its current extradition law or new special laws that would withdraw Taiwan from China. This strengthened Taiwan`s position on its proposal for judicial cooperation with Hong Kong. In view of the exclusion clause that provides for geographical restrictions on extradition regimes under Hong Kong`s current extradition law, Taiwan proposes in practice to Hong Kong that Taiwan not be part of China and therefore not covered by geographical restrictions. At first glance, this ingenious interpretation of the exclusion clause seems to solve all the problems: justice is delivered, the Hong Kong government can leave the firewall intact in the current extradition law, Hong Kongers will continue to live off China`s legal reach, and Taiwan can add another success to the record book of its state signs.