SURRENDER OF FUGITIVE OFFENDERS
Hong Kong's statutory framework for cross-border surrender
In the Hong Kong Special Administrative Region, the legal framework governing the surrender of persons sought by other jurisdictions is primarily found in the Fugitive Offenders Ordinance (Cap. 503). Hong Kong legislation and bilateral arrangements use the formal expression surrender of fugitive offenders, although the process is also commonly described as extradition.
The Ordinance establishes a process involving both executive decision-making and judicial supervision. The precise requirements depend on Cap. 503 and the bilateral agreement and subsidiary order applicable to the requesting place.
UPDATE AND SUSPENDED AGREEMENTS
The current bilateral position
Following decisions taken by a number of governments in 2020 and thereafter, many of Hong Kong's bilateral surrender agreements were suspended. The Department of Justice's published list, updated to 2 June 2026, records the following position. Please check the current status on the Department of Justice's website ↗.
Suspended Agreements
Australia, Canada, Finland, Germany, Ireland, the Netherlands, New Zealand, the United Kingdom and the United StatesThe Department of Justice records each of these bilateral surrender agreements as suspended.
Agreements in force
Czech Republic, India, Indonesia, the Republic of Korea, Malaysia, the Philippines, Portugal, Singapore, South Africa and Sri LankaThese jurisdictions are listed with operative bilateral surrender arrangements.
Signed but not yet in force
France, Kazakhstan and the Republic of ZambiaThe agreements have been signed, but the Department of Justice does not list them as having entered into force.
There is presently no operative statutory surrender arrangement under Cap. 503 between Hong Kong and Mainland China, Macao or Taiwan. As regards Mainland China, there is no official reciprocal arrangement under Cap. 503. This is nevertheless a sensitive and fact-specific area. Anyone facing a matter involving Hong Kong and Mainland China should contact MCS promptly for legal advice on how the particular circumstances may be addressed.
STATUTORY PROVISIONS AND THEIR APPLICATION
Core requirements and safeguards
The exact wording may differ between bilateral agreements and their implementing orders. The following explains the principal protections operating within Hong Kong's surrender regime.
Purpose of the Ordinance
Cap. 503 provides for the surrender to certain places outside Hong Kong of persons wanted for prosecution, or for the imposition or enforcement of a sentence, in respect of specified offences.
It establishes the process by which a person may be surrendered to face criminal proceedings or serve a sentence in a place covered by an operative arrangement.
Dual criminality principle
The conduct relied upon must constitute a qualifying offence under the law of both Hong Kong and the requesting place, subject to the applicable agreement and order.
A person is not surrendered merely because the conduct is unlawful abroad. The conduct must also amount to an offence under Hong Kong law.
Death-penalty safeguard
The statutory regime and applicable agreements contain safeguards where the offence is punishable by death. Surrender may be refused unless an assurance concerning non-imposition or non-execution of that penalty satisfies the applicable legal requirements.
Where capital punishment is a possibility, the requesting place must provide an assurance that meets Hong Kong's legal requirements before surrender can proceed.
Political-offence and improper-purpose safeguards
Surrender is barred for an offence of a political character and where the request is made for an improper purpose, including prosecution or punishment on account of race, religion, nationality or political opinions.
The court and executive authorities must consider whether the request concerns a genuinely extraditable offence or is being used as a means of political or discriminatory persecution.
The prima-facie evidence requirement
The applicable arrangement ordinarily requires evidence sufficient, according to Hong Kong law, to warrant committal for trial if the conduct had occurred in Hong Kong.
The requesting place must place sufficient admissible evidence before the magistrate. A bare accusation is not enough to justify committal.
THE SURRENDER PROCEDURE IN HONG KONG
Executive decisions with judicial supervision
The process is legally rigorous and is coordinated by the Mutual Legal Assistance Unit of the Department of Justice. Executive and judicial stages serve different functions.
Formal request
The requesting place submits its request through the prescribed diplomatic or governmental channel. The Mutual Legal Assistance Unit of the Department of Justice coordinates and processes incoming and outgoing surrender requests.
Authority to proceed
If the statutory and agreement requirements permit the request to advance, the Chief Executive may issue an authority to proceed. That executive decision does not itself determine that the person must be surrendered.
Arrest and committal proceedings
A magistrate may issue the relevant warrant. At the committal hearing, the magistrate considers whether the legal requirements and evidential threshold for committal are satisfied.
Challenges and final decision
A person committed to custody may apply for habeas corpus. Executive decisions, including the authority to proceed and any surrender order, may also be challenged by judicial review where the legal requirements for that remedy are met. Any final surrender order is an executive decision made after the judicial stage.
HOW MCS CAN ASSIST
Advice on cross-border criminal matters
MCS advises individuals and businesses facing criminal investigations, surrender requests, INTERPOL Notices and applications involving overseas evidence or assets. We can identify the applicable Hong Kong powers and safeguards, coordinate advice with lawyers in the relevant jurisdiction and represent clients in related Hong Kong court proceedings.