Labour opens door to extraditing Hong Kongers
The Home Office has said it is amending legislation to 'enable cooperation' between the UK and Hong Kong on matters of extradition.
The previous Tory government suspended its extradition treaty with Hong Kong in 2020 after China imposed its tough national security law in response to widespread political protests.
The move by Labour has been branded an ' act of betrayal ' of the some 150,000 Hong Kongers who came to Britain under a special visa scheme launched in early 2021.
But Dan Jarvis, the national security minister, vowed that the Government 'will never allow a situation where Hong Kongers or any other nationality is extradited for politically motivated purposes'.
The Hong Kong national security law criminalises anything considered to be secessionist from China, and has led to a crackdown on critics of Beijing. It has also allowed cases, in certain circumstances, to be tried in mainland China.
Mr Jarvis announced that Chile, Zimbabwe and Hong Kong were being redesignated 'to enable cooperation under the Extradition Act 2003'.
In a letter to Chris Philp, the Tory shadow home secretary, he wrote: 'It is in our national interest to have effective extradition relationships to prevent criminals from evading justice and the UK becoming a haven for fugitives.'
He suggested that changes needed to be made as no extradition to Hong Kong can currently be agreed 'even if there were strong operational grounds to do so'.
Mr Jarvis added: 'The way to resolve this situation is to de-designate Hong Kong and Zimbabwe from the Act so that we can co-operate with them on the case-by-case ad hoc basis available for non-treaty partners.'
The Government has insisted the move would not lead to a restoration of extradition co-operation with Hong Kong, but was a necessary legal step to allow the 'severing of ties'.
But including Hong Kong in the Extradition Act will provide a pathway to extradition of Hong Kongers for the first time since the previous treaty was suspended.
All extradition requests received by Britain are considered by the UK courts, and if judged to be politically motivated the request would be deemed incompatible with human rights laws.
It comes as the Government has sought to develop closer links with Beijing, which Rachel Reeves, the Chancellor, has said will be 'crucial' for economic growth.
Mrs Reeves visited China in January, reviving economic meetings with Beijing that had not taken place since 2019. The Government is also considering giving the green light to a new Chinese 'super-embassy' in central London.
Sir Iain Duncan Smith, a former Tory leader, said that the proposals showed 'this government has lost it completely when it comes to China '.
He told The Telegraph: 'This is another act of betrayal by the present British Labour Government, and I have many friends in the Labour Party who will be as appalled as I am about this idea. I don't know what they think they're doing. Chasing stupid money from China is never going to work.'
Lord Sumption, a British judge, resigned from Hong Kong's highest court last year, warning that the rule of law there was 'profoundly compromised'.
Alicia Kearns, the shadow national security minister, said: 'Reinstating extradition with Hong Kong is morally indefensible. The Chinese Communist Party has turned Hong Kong into a surveillance state where freedom of expression, rule of law, and basic civil liberties are systematically dismantled.
'This move risks legitimising a regime that imprisons critics, silences democracy activists, and uses extradition as a tool of persecution.
'The Government must immediately abandon this proposal and guarantee that no Hong Konger will ever be sent to face justice in a system that has no justice to offer.'
Mr Jarvis said: 'It is entirely incorrect to say the UK has restored extradition co-operation with Hong Kong. The 1997 treaty remains suspended and this legislation simply completes the severing of ties between the British and Hong Kong extradition systems. This amendment is in order to give legal effect to the suspension of the extradition treaty with Hong Kong.
'This government is unwavering in its commitment to upholding human rights, the rule of law, and the safety of all individuals in the UK, including the many Hong Kongers who have made this country their home.'
Mr Jarvis added: 'The UK is proud to have welcomed around 160,000 Hong Kongers since our British National (Overseas) route was opened in 2021. These communities are making a much-valued contribution across our country.'
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