China Legal Blog
Aggregated China Law Information

Secretary for Justice Rimsky Yuen will attend the Asia Pacific Regional Arbitration Group Conference 2013 in Beijing from June 26 to 28.

 

Mr Yuen will deliver a speech to promote Hong Kong as a regional centre for legal and dispute resolution services in the Asia-Pacific region, and will also update the conference participants on the latest developments of arbitration and mediation services in Hong Kong.

 

The conference’s theme is "International Arbitration in Asia-Pacific Region in the Next 10 Years – Opportunities & Challenges".

 

It will provide valuable opportunities for government officials and professionals from the Mainland and other parts of the world to share their views on the future of international arbitration in the region in the next decade.

 

During his Beijing stay, Mr Yuen will visit the Supreme People's Court and the Supreme People's Procuratorate to discuss legal and judicial co-operation between the Mainland and Hong Kong.

 

He will return to Hong Kong on June 28.

Secretary for Justice Rimsky Yuen has refuted claims that the Hong Kong Government deliberately delayed or obstructed extradition procedures in relation to Edward Snowden.

 

Mr Yuen told the media today that to issue a provisional warrant of arrest, the alleged offences would have to satisfy the dual criminality requirement under Hong Kong law. The Government has acted in full accordance with both the Fugitive Offenders Ordinance and the extradition treaty signed with the US in 1996, he said.

 

Hong Kong's Department of Justice wrote to the US Department of Justice on June 20 and 21, seeking clarification of certain legal and evidential matters, including Mr Snowden's full name and passport number, details on the charges, and what evidence would be relied on for prosecution. He said without this requested information, the department was unable to determine whether the charges fell within the scope of the extradition agreement.

 

It also sought clarification on whether US government agencies have hacked into Hong Kong computer systems as reported in the media, as this will affect the department’s consideration of whether the allegations against Mr Snowden are of a political nature, he said.

 

As US authorities still have not replied to requests for further information and clarification, the Hong Kong Government had no legal basis to ask the court to issue an arrest warrant, nor to stop Mr Snowden from leaving Hong Kong, he said.

 

When asked whether the Government had asked for the Central Government’s opinion in handling the matter, Mr Yuen said normal communication with the Ministry of Foreign Affairs’ office in Hong Kong has been maintained, but legal decisions are made by the department itself in strict accordance with the law.

To be clear, it’s not so much the lawyers who are cheap, just legal fees, at least compared to the U.S. and EU. This is the topic of “Asia’s Low Legal Stakes,” a recent article in The Asian Lawyer. Now wait, I know what you’re thinking. During this busy time of the year (for me), […]