The Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau: Relevance of Political Offence Exception

The exception of political offence as an extradition principle is declining; indeed,
many States have abolished its use. This article argues that Mainland China,
Hong Kong and Macau can follow the trend and exclude the exception of political
offence in their own surrender system. This suggestion relies on four arguments.
First, the exception of political offence is controversial as a theory and
runs counter to the current climate of decline in practice. Second, the exception
of political offence is rooted in international extradition agreements between different
sovereign nations. However, the surrender of fugitive offenders between
Mainland China, Hong Kong and Macau occurs within one country with systemic
processes that are distinct from international extradition protocols. Third,
recent national security legislation providing for “political offences” offers a basis
to exclude the exception in the surrender system. Fourth, the principle of the
exception of political offence does not fully protect human rights. Following the
abolition, more effective measures to protect human rights may be implemented.