Victor C.K. Wai

Extradition law could ensnare Hongkongers working with mainland Chinese in an unfamiliar legal system

Concerns from the world of accounting and banking demonstrate why a sudden and forced melding of two dissimilar judicial systems is inadvisable for Hong Kong

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Despite fierce protests from Hongkongers distrustful of the mainland legal system, the government has insisted that its extradition amendment must pass without modifications. Photo: EPA-EFE

Victor C.K. Wai

Published: 9:00am, 6 Jun 2019Updated: 9:17am, 6 Jun 2019

Chief Executive Carrie Lam Cheng Yuet-ngor has dismissed many arguments against the proposed amendments to Hong Kong’s extradition laws as too general. It is disappointing that she wipes away the public’s distrust of the mainland’s judiciary system with such a presumptuous brush.

Anyone who has any business or personal dealings with the mainland can readily quote examples of problems with China’s legal system. If the government is incognisant of the pitfalls of the mainland’s legal system, here are examples from the experience of bankers and accountants.

Many Hong Kong-based accountants are involved with on-site auditing on the mainland. Audits are generally done on sampled accounting records. An audit is therefore as accurate as the confidence levels suggested by statistical theories; there is no guarantee of 100 per cent accuracy. If financial problems are uncovered at an audited company, stakeholders can initiate litigation against the company and its auditor under offences No 9 and 46, listed in the amended Fugitive Offenders Ordinance.

Under the common law system, case law on activities constituting negligence, gross negligence and fraud is well-established. However, under the continental law (aka civil law) system used in China, judgment is made entirely by the presiding judge according to his/her interpretation of codified statues and ordinances – no correlation with precedents required. A fair trial greatly depends on the discretion of the judge.

Not too long ago, China’s judges were mostly retired military officers, appointed for their loyalty to the Communist Party’s directives. Although the number of professionally trained judges has greatly increased in recent years, their knowledge, experience and professionalism is disparate, to say the least.

Moreover, under the continental law system, a judge can investigate a case by interviewing or interrogating the defence lawyer behind closed doors, making trials in China appear arcane and, at times, unjust.