Hong Kong extradition law expert says collecting evidence overseas for use in local courts can be done, contrary to justice minister’s recent comments
- Former senior prosecutor Michael Blanchflower says it is the weight of evidence that is important, not where it comes from
- Secretary for Justice Teresa Cheng had earlier shot down proposals to extend the power of courts to adjudicate overseas as ‘impracticable’
A leading extradition law expert has rejected the Hong Kong justice minister’s dismissal of key counterproposals to a controversial extradition bill, saying there is no problem collecting evidence overseas and using it in local courts to try a murder suspect wanted in Taiwan.
Senior counsel and former senior prosecutor Michael Blanchflower’s remark came after Teresa Cheng Yeuk-wah, herself a leading civil lawyer before taking public office, last week shot down a proposal to extend the power of the courts to hear overseas murder cases or ones related to mainland China. Cheng said it was “impracticable” to deal with evidence from overseas and apply the law retroactively.
Blanchflower, however, said Hong Kong law enforcement officers had been obtaining evidence overseas for decades, and it had been admissible in local courts.
“So long as the evidence complies with rules of evidence of Hong Kong, it is admissible,” said the former senior assistant director of public prosecutions.
“Evidence from overseas may be highly relevant, while evidence obtained in Hong Kong may be relevant but have little weight. It is not the location of evidence, but its relevance and weight that matters.”