Brooklyn Journal of International Law


Grace Wang

First Page



Since June 2019, millions of people in Hong Kong protested against the proposed extradition bill, which would permit the HKSAR government to extradite anyone residing, visiting, or passing through Hong Kong to mainland China with which it has no formal extradition agreement with. This Note will argue that the proposed extradition bill not only created a legal loophole in the existing system by removing legislative scrutiny and judicial oversight, but also violated international human rights law in light of mainland China’s record of serious human rights violation. Instead, the HKSAR and PRC governments should cooperate to create an impartial special court to resolve extradition disputes and deal with extradition requests. To ensure fair trials and judicial transparency, the special court should be composed of distinguished foreign and domestic judges voted in by the general public. Decisions by the court should be published online and made available for public viewing.