From "Occupying Central" to "Anti-extradition" in Hong Kong - Limits of Law and Power of Politics

The “Anti-extradition Movement” in Hong Kong has been going on for months after it began in June 2019. Since it was sparked by an extradition bill, this article tries to answer the questions why the Bill has failed, for what reasons, and seeks to discern the lessons Hong Kong should learn from it. After reviewing the background and main contents of the Bill, as well as the movement, this article analyzes major legal issues relating to the Extradition Bill, which demonstrates that the contents of the Bill are reasonable and would remove two major obstacles for future conclusion of a desirable bilateral agreement between Hong Kong and mainland China. The article argues that though the contents and the necessity of the Bill is unquestionable, its consultation was too hasty, the timing was not appropriate, and the promotion was unsatisfactory. As a result, an opportunity to move closer towards the conclusion of a bilateral extradition agreement has been wasted. A well-intentioned and drafted Bill is meaningless if the Government cannot convince its people about it. Law and legal arguments have their limits. Since legislative process is both legal and political, law reached its limits when politics succeeded in mobilizing sufficient people against the Bill.