Tue, 23 Jan 2001

RI, HK fugitive agreement deliberated

JAKARTA (JP): Minister of Justice and Human Rights Yusril Ihza Mahendra officially proposed to the House of Representatives on Monday a bill that would allow the administrations of Indonesia and Hong Kong to surrender fugitives sought by each other.

"There have been many people who were on trial or had even been convicted who have subsequently fled abroad, sometimes to Hong Kong. Had we ratified the agreement then Hong Kong should have returned those fugitives," Yusril said.

The draft law stipulates that 30 days after the House's ratification, the agreement will take effect and both parties are obliged to comply with it. Yusril said during that period the Indonesian government will inform Hong Kong of the ratification.

The agreement was signed in 1997, but Yusril failed to answer why the government only sought the House's approval after four years.

Although not a state, but a special administrative region of China, the Hong Kong authorities have the right to sign the agreement with Indonesia.

"This is not an extradition treaty as Hong Kong is not a state. However, like a treaty, it (the agreement) is legally binding," Yusril said.

Currently, Indonesia has extradition treaties with Malaysia, issued in 1974, the Philippines in 1976, Thailand in 1978 and Australia in 1994.

In their agreement, Indonesia and Hong Kong enlisted 44 legal offenses subject to the arrangement, including attempted murder, murder, kidnapping, drug abuse, corruption, bribery, possession of firearms and fraud. The offenses should be acknowledged by the two parties.

The two parties will not surrender people who have been exonerated or released from all charges and are allowed to reject the demand to surrender their own citizens.

The agreement states that both sides are also allowed to reject a request to surrender people with a death sentence or who have committed politically motivated legal offenses.

Singapore

Yasril Baharuddin Ananta, chairman of the House's Commission I on defense, security and foreign affairs, welcomed the bill but questioned the absence of an extradition treaty with Singapore.

"We are surprised by the fact that there is no extradition treaty between Indonesia and Singapore, although the island state is known as a safe harbor for Indonesians and Singaporeans who have committed crimes here," he said.

He said the House commission I also questioned Singapore's commitment to agreeing an extradition treaty with Indonesia.

"We have several times conducted bipartite lobbies but so far, Singapore has yet to show its commitment," he added.

A source at the foreign ministry told The Jakarta Post the Indonesian government has several times tried to persuade Singapore to support the treaty but one of the major obstacles remained Singapore's refusal to agree on economic crimes.

"I'm sorry to say, Singapore has experienced a lot of this kind of crime from Indonesian people," the source said, adding that the foreign ministry has made an extradition treaty with Singapore a priority. (dja/rms)