Extradition Act 2003 (Amendment to Designations) Order 2025

Lord Davies of Gower Excerpts

Thursday 30th October 2025 Lords Chamber

I repeat my request to the Minister that he meet with me, the noble Lord, Lord Alton, and a very small group of Hong Kongers, so that they can listen to the robust protections that the Minister has said need to be in place to keep them safe and so that they know that the Government will continue to support them if they are targeted by China in the UK. For them, this is not a matter of a dry and legal structure but a matter of safety, freedom and even life and death. I beg to move.

[Lord Davies of Gower (Con)]

My Lords, I thank the Minister and the noble Baroness, Lady Brinton, for their contributions. While we on this side do not believe a regret amendment is necessary, I thank her for bringing to light the plight of Hong Kongers. As has already been mentioned, the case of Jimmy Lai ever serves as a reminder of how people’s freedoms continue to be curtailed.

The removal of Zimbabwe from the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is certainly not controversial. It unfortunately left the Commonwealth in 2003, and as such has not been party to the London scheme for extradition in the Commonwealth since that date. As the Minister has already quite correctly mentioned, the fact that Zimbabwe has not since been de-designated represents nothing more than an oversight, and it is right that the Government are correcting that. Similarly, it is welcome that the Government are designating Chile in this order, following their accession to the 1957 extradition convention.

The final change—the change targeted in the Liberal Democrats’ regret amendment—is the removal of Hong Kong from Article 2 of the 2003 order. This reflects the fact that we suspended our extradition treaty with Hong Kong in 2020 following the national security law and the crackdown on pro-democracy activists by the authoritarian communist regime in China. Since the treaty is suspended, there is currently no formal framework for extradition between the UK and Hong Kong, and that is right: we should not be under an obligation to extradite anyone to a state with the kind of repressive laws we now see in place in Hong Kong. The removal of the designation does not represent any change in our policy, therefore; it simply formalises the position that there is now no extradition treaty in force between the UK and Hong Kong. I completely agree with the noble Baroness, Lady Brinton, that the rights of Hong Kongers must be protected, but I do not believe this draft order will do anything to detriment them. They will not be at any more risk of extradition than before.

I have one question for the Minister. Give that Hong Kong will now be treated the same as all other non-treaty states under the Extradition Act, requests will be made and assessed on a case-by-case basis. I am grateful for the Minister’s comments in his opening remarks, but I ask again: can the Government absolutely assure the House that they will not co-operate with the authorities in Hong Kong regarding the extradition of Hong Kongers, so that we are never complicit in the subjugation of Hong Kongers by the Chinese Communist Party?

[Lord Hanson of Flint (Lab)]

My Lords, I am grateful for the very broad support that the noble Lord, Lord Davies of Gower, has given for the order. Essentially, the speakers today have agreed that the measures regarding Zimbabwe and Chile are necessary, right and proper; the only queries we have had relate to Hong Kong, so I will park Chile and Zimbabwe and concentrate precisely on Hong Kong in winding up.

I hope I have given the noble Baroness, Lady Brinton, a very clear assurance in my opening remarks, but, for the avoidance of doubt, this instrument does not place any new obligations on the UK Government to seek extradition from these countries or, indeed, to accept extradition from them, particularly in relation to Hong Kong. It also does not change any of the powers available to the UK courts to consider any extradition request on its individual merits; it does not impact on the power of UK judges to bar extradition; and, particularly in relation to Hong Kong, it does not revive the suspended treaty, and nor does it create any new powers. On the contrary, as the noble Lord, Lord Davies of Gower, recognised, it formally recognises the suspension by removing Hong Kong’s designation under the Extradition Act 2003.

On the specific question asked by the noble Lord, Lord Davies, requests will be considered on a case-by-case basis. I cannot guarantee that no extradition will ever take place, for the reasons we have said, but it will be dealt with on a case-by-case basis and will not be automatic. We remain steadfast in our commitment to protecting those who have sought refuge here; importantly, no individual will be extradited where there is a risk of persecution. I hope that satisfies the noble Baroness, Lady Brinton.

The British national (overseas) route for Hong Kongers is a historic and moral commitment. Those with BNO status and their eligible family members can apply to come to the UK. Since that route has opened, close to 225,000 visas have been granted to Hong Kongers.

I hope that today’s debate and the comments I have made give reassurance. If I may, I will take away the detailed questions the noble Baroness has asked, but I hope that that is a general reassurance. I will also look at what we can do over and above this debate to ensure that we give notice of the impact of all three orders, so that that is widely known by those who may be impacted, and that some reassurance is given.