UK law change paves way for Hong Kong extraditions, unnerving exiles

Originally published at Nikkei Asia on Oct. 22, 2025. Photo: Reuters

LONDON -- When Hong Kong activist and fugitive Chloe Cheung learned that Britain had changed a rule that could restart extraditions to her former hometown, she felt a familiar sense of dread.

Hong Kong has set a bounty of 1 million Hong Kong dollars (about $128,700) on the 20-year-old, one of 19 overseas activists wanted by the city's authorities. Cheung fled to the U.K. five years ago with her family after taking part in anti-authoritarian protests in 2019 that crippled Hong Kong. Those demonstrations were triggered by the local government's plan to allow extradition to mainland China and were subsequently quashed by Beijing.

Following the crackdown, the U.K. and several other countries suspended extradition cooperation with Hong Kong. But the U.K. passed an amendment on Oct. 14 redesignating Hong Kong as a non-treaty state, which will allow it to reinstate extradition on a case-by-case basis.

"I was kind of panicking," Cheung said. "The only reason everything happened in Hong Kong was because authorities wanted an extradition treaty with China. The warning light, of course, would switch on [for Hong Kongers here]." Cheung is wanted for allegedly breaching national security through her role at the U.S.-based Committee for Freedom in Hong Kong Foundation.

The British Home and Foreign ministries did not respond to Nikkei Asia's request for comment. But the U.K. would "never allow" extraditions for "politically motivated purposes," Security Minister Dan Jarvis told House of Lords member David Alton, chair of Parliament's Joint Committee on Human Rights, in a July letter.

Yet Cheung and other activists are concerned that the framework could be weaponized by Hong Kong authorities, which they argue have used such nonpolitical charges as fraud and financial crime to target dissidents.

Eric Lai, senior fellow at the Georgetown Center for Asian Law, told Nikkei Asia that although extradition cases will be assessed by courts and include the right to appeal, the process will be less transparent, as the public may not be privy to information exchanged between the U.K. and Hong Kong.

"Even if the extradition will be assessed by the court, so far the Hong Kong policy is a big risk," Lai said. "I would say it's a reversal or a step back."

The move is also a tacit acceptance of the robustness of Hong Kong's legal system, where retired British judges still preside on the top court despite growing concerns over the erosion of judicial freedom, Lai said.

Amnesty International has said that the right to a fair trial in Hong Kong has come under threat after local legislators approved a new national security law last year that expands the government's power to curb dissent, allowing for detention without charge for up to 16 days and the denial of access to a lawyer.

Community backlash over the British government's plan comes amid increasing suspicions over the Labour government's recent moves to rebuild ties with Beijing, marked by high-level visits to China and discussions over the construction of a "super embassy" in the heart of London's financial district.

The government this year also introduced a new rule that doubles the time immigrants need to have lived in the U.K. to 10 years before they are eligible to apply for settlement. Authorities have yet to clarify if this rule will apply to Hong Kongers who had moved here under the British National (Overseas) lifeboat visa program.

"It's understandable that an extradition agreement has to be set up between countries," said Carmen Lau, a former Hong Kong politician and democracy activist who is also wanted by the city's authorities. "But a clear and definitive protection from extradition, or at least a legal reassurance, is needed for Hong Kongers here seeking refuge. Extra efforts will be needed for the government to regain trust with the Hong Kong community here."

Choi Hong Kiu also feels exposed under the government's extradition treaty plans. The 26-year-old activist participated in the Hong Kong protests and spent more than two years in prison for unlicensed possession of ammunition and explosives, although a judge later ruled that his offense was unrelated to the demonstrations.

Choi came to the U.K. last year in hopes of seeking asylum, but his claim was rejected by the Home Office in June.

"After being rejected and then hearing about the [resumed] extradition, I'm very worried," said Choi, who plans to appeal the decision and is continuing to participate in Hong Kong pro-democracy activities in the U.K. "I have PTSD," he added, referring to post-traumatic stress disorder.

Hong Kong activists increasingly feel that they are in a precarious position in the U.K., Cheung said. Even if the current administration is able to prevent Hong Kong and Chinese authorities from manipulating the extradition framework, there is no guarantee that this will continue, she added.

"What the U.K. government can do if they really want to assure Hong Kongers is create a process to ensure that there's no abuse of the system by the Chinese Communist Party," she said.

The government also needs to do more to protect Hong Kongers from Beijing's transnational repression in the U.K., particularly as the city's national security law can be applied to offenses committed outside of Hong Kong, Cheung added.

"I don't see the trust between the Hong Kong community and the government at all, after Labour came into power," she said. "What needs to happen in the U.K. in order for the government to really react and think this is an actual problem?"