The Idea of a China Arrest Warrant

Hong Kong and Macau have both been Special Administrative Regions of China since 1999. To this day, however, the two SARs and mainland China have yet to form a cohesive agreement for extradition. Yanhong Yin proposes a theoretical model—the China Arrest Warrant—that fulfils three essential criteria: compliance with the framework of “One Country, Two Systems,” allowance for differences within the three divergent legal systems, and sufficient human rights protection.

This model takes direct inspiration from the European Arrest Warrant, which is undergirded by the principle of mutual recognition—the idea that while states may make different decisions on a wide range of matters, results will be accepted as equivalent to decisions made by one’s own state. The success of the European Union’s adoption of mutual recognition across political, economic, and legal situations is instrumental in providing a blueprint for judicial cooperation among mainland China, Hong Kong SAR, and Macau SAR. 

This ambitious volume seeks to resolve a legal quandary that has existed for decades without resolution and is essential reading in criminal and constitutional law. 

Yanhong Yin is a scholar of criminal law and human rights law. She holds a doctor of laws degree from Vrije Universiteit Brussel.

“This book offers an inspiring blueprint for future extradition between Mainland China, Hong Kong and Macau. The comparison with the European arrest warrant proves that trust between judicial authorities is based on recognition of procedures and of common constitutional values and human rights. Recommended for scholars, practitioners, and legislators.”

—John A. E. Vervaele, Utrecht University

“Great things originate from an idea and the will to imagine. Such can be said of Dr. Yin’s erudite study of the intractable problem of intra-China fugitive surrender, a study which also provides a lens to see the continuing evolution of the ‘One Country, Two Systems’ principle in the post-NSL era.”

—Simon N. M. Young, Ian Davies Professor in Ethics, The University of Hong Kong