Extradition treaties with the PRC leaves Europe a dangerous place for activists

This guest insight is by Ray Wong, a pro-democracy activist in exile in Germany

When Germany awarded me asylum in 2018, making me the first Hong Konger to become a political refugee in Europe, it did so on the basis that if I returned to Hong Kong I would be imprisoned for my political beliefs.

Three years later, I imagine even the German Government did not expect it would witness the mass arrest of pro-democracy candidates and organisers, the purging of Hong Kong’s Legislative Council, the arrest of foreign nationals, and the introduction of a draconian National Security Law overseen by judges hand-picked by the Chief Executive.

In response, the EU alongside allies was quick to call for the suspension of extradition treaties and agreed a package of measures including a lifeboat scheme for Hong Kongers, but as summer turned to winter promised action has failed to materialise. This is particularly evident in regards to not only the continuation of active extradition treaties between EU member states and the People’s Republic of China (PRC) but also the ratification and implementation of new extradition treaties.

Given the tight deadline to finalise Brexit and the continuing struggle to contain COVID-19, EU leaders could be forgiven for putting the question of extradition to one-side, but for pro-democracy activists like myself whose names were recently published by the Hong Kong Police on a “wanted list” for violating the National Security Law, this delay presents a degree of danger.

Last month Bloomberg broke the news that Cyprus and Belgium have joined France, Spain, Portugal, Italy, Greece, Belgium, Lithuania, Romania, and Bulgaria in having active extradition treaties in force with the PRC, after Beijing finally ratified the treaties previously agreed in 2018.

This means in practical terms, if I decide to visit Brussels to speak to European parliamentarians or travel to Paris to address a rally, I could run the risk of being arrested and extradited to China to stand trial under the National Security Law. 

Of course, these national governments may argue that they could simply ignore the warrant the Chinese Communist Party has put out for mine and other pro-democracy activists arrest, but there are political considerations at work as well. This is particularly evident by the substantial amount of Chinese state investment that has poured into Europe in the last decade, and the influence it has bought China within the EU.

Take the case of Spain, under pressure from Beijing in 2019 it deported 94 Taiwanese individuals accused of telecommunications fraud to China rather than Taiwan. The Spanish Government cited its continued observance of the “One China policy” as the reason why it could not simply deport them back to their home country. However, Taiwan has rightly observed that by allowing their extradition to China, where the individuals will not receive due process and will likely be tortured, Spain is complicit in human rights abuse.

Sweden does not have an extradition treaty with the PRC. That has not stopped the Swedish Government in its current plans to deport the Chinese dissident Baolige Wurina, his wife, and their two children back to China. The current case is going ahead, despite the fact that Baolige and his family have lived in Sweden for ten years, having fled the Inner Mongolia Autonomous Region after facing persecution from Chinese authorities for his rights activism which he continues to this day.

The Polish Supreme Court has also waded into the extradition debate, recently over-turning a decision made a lower-court decision to extradite the Falun Gong practitioner and Chinese-born Swedish national Li Zhihui on fraud charges to China.

The threat of extradition does not stop with Chinese nationals, the recent arrest of an American lawyer under the National Security Law paired with the law’s claim to worldwide criminal jurisdiction over overseas activism makes it clear that no foreign national is safe from this draconian tool. This risk has been further illuminated by the news that the Hong Kong Government is actively examining the possibility of extraditing two Danish Members of Parliament, who are accused of assisting the former pro-democracy lawmaker Ted Hui’s escape into exile.

In 2021 where 66 individuals have already been arrested under the National Security Law and authorities are actively considering arrest warrants and extradition requests for Danish parliamentarians, it would serve European governments well to reconsider their extradition treaties with the PRC. If not for pro-democracy activists like me, then to protect the freedom of expression and welfare of their own citizens.

A failure to recognise the looming threat extradition treaties with the PRC poses, will only damage Europe’s reputation for human rights and its status as a paragon of democracy. Making it clear that Europe remains a dangerous place for those who wish to speak out against the Chinese Communist Party’s human rights abuses.

This analysis was previously published in Die Welt (Germany) on 2 February 2021. The original version in German can be found here: Auslieferungsverträge mit China: Gefahr für westliche Staatsbürger - WELT