extradition to Hong Kong

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Extraditions to Hong Kong have already been approved in Germany in recent years. There are so-called "extradition transactions" under the Extradition Agreement between Germany and the Government of the Hong Kong Special Administrative Region on the Transfer of Fleeing Offenders of 26 May 2006 (BGBl. 2009 II p. 62, 75, 497).

In cases of extradition to Hong Kong, it is also possible in Germany, on the basis of the Interpol search, to order provisional extradition detention before the request for extradition has been received.

Extradition requests from Hong Kong must always also be examined from the point of view of whether the persecuted person is actually threatened with extradition to the People's Republic of China (cf. there). At present, the Federal Republic of Germany is not extraditing a persecuted person to China. There is no extradition agreement with China and, so far, there has been no extradition without a treaty.

However, the Chinese background must be constantly reviewed when a request for extradition from Hong Kong is concerned in Germany and there is suspicion that this may have been initiated by the People's Republic of China. This is also supported by Amnesty International's April 2016 report that in 2016 Chinese agents kidnapped five publishing employees from Hong Kong, two of whom are EU citizens.

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