In 2020, the UK began suspending its extradition agreement with Hong Kong. On the 14th, the UK Parliament passed amendments to the Extradition Act, restoring extradition arrangements with Hong Kong in a limited manner through a 'case-by-case review' system.
According to the Extradition Act, extradition subjects in the UK are divided into three categories, and Hong Kong was included in the 'Part 2 Territories' which cover countries or regions with which the UK has signed extradition treaties. At the same time, Section 194 of the Act—'Special Extradition Arrangements'—authorizes the UK to make one-off special arrangements for individual cases with countries or regions that do not have an extradition treaty with the UK.
Since the extradition treaty between the UK and Hong Kong was suspended from 2020, 'Part 2 Territories' effectively no longer applies to Hong Kong. Section 194 special arrangements also do not apply to countries or regions under 'Part 2 Territories', which means Hong Kong lost the treaty basis, nor could it be processed through the special arrangement for individual cases, leaving no legal means for the UK and Hong Kong to conduct extradition.
The amendment removes Hong Kong from the 'Part 2 Territories' under the Extradition Act and redesignates Hong Kong as a 'non-treaty territory.' The UK can now invoke Section 194 to discuss extradition matters with Hong Kong on a case-by-case basis. The UK Home Office stated that since the suspension of the extradition agreement, extradition with Hong Kong has been impossible even if there were strong operational grounds. With the amendment, Hong Kong is listed as a 'non-treaty territory,' adopting the same case-by-case approach as with mainland China and other regions.
UK Security Minister Dan Jarvis stated that the UK would never allow extradition for political purposes, and all extradition requests are assessed by the courts, with the parties having the right to appeal. A Home Office spokesperson emphasized that the UK government stands by its commitment to upholding human rights, the rule of law, and protecting all residents in the UK, including Hong Kong residents settled in the UK.