#Extradition agreements may result in persons being sent back subsequently being charged tried and sentenced to death. Hong Kong, at present no extradition if it is political in nature and the requesting country need give an undertaking that the death penalty will not imposed...which is difficult if national laws provide for the death penalty.
In Malaysia, Australia is refusing to sent back convicted murderer Sirul Azhar because sending him back means that he may be sentenced to death. However, if Malaysia abolishes the death penalty, not just the mandatory death penalty, and commutes the death sentence of all on death row, the situation may be different...
Sending back anyone to Malaysia has the risk of death penalty. A person could be send back, but there can be no GUARANTEE that after return, he may end up being charged with some other offence that carries the death penalty, is there?
What about Detention Without Trial? Should countries being requested to send back Malaysians suspected of a crime have to worry about this - the fact that the said person may simply end up under Malaysia's draconian Detention Without Trial laws - hence the denial of a fair trial?
SOSMA - Well, this provides for the 'denial of bail', and the use of evidence not usually admissible in trial, and criminal procedure(not usually allowed in a fair trial) - Should the return Malaysians back to Malaysia on the request of Malaysia.
CONVICTED PRISONERS UNDERGOING SENTENCES IN MALAYSIAN JAILS - This is a totally different set of issues...the question of discrimination arises...better(or worse) prison conditions in the requesting country, different sets of conditions when it come to 'parole' proceedings or even Petitions to King/Sultan...this we may discuss at a later time?
Hong Kong is considering changing the law on transferring fugitives – so how are extraditions dealt with now, and why are there no deals with mainland China, Taiwan and Macau?
- If proposal becomes law, there will be an extradition arrangement between Hong Kong and the mainland for the first time
- But legal experts caution such a change could also affect existing arrangements with other jurisdictions