Taipei, April 1 (CNA) The Cabinet on Thursday approved a draft amendment bill that seeks to allow the extradition of Taiwanese citizens to other countries for criminal trial.
Under the current Law of Extradition, the government has very little leeway to grant requests for a Taiwanese national to be extradited to another country, unless the person acquired Taiwanese citizenship after the extradition request was made, Wang Nan-chun (汪南均), a senior official in the Ministry of Justice (MOJ), said at a Cabinet press conference.
The amendment bill, which will now be sent to the Legislature for review, seeks to change the law so that the government can approve extradition of a Taiwanese national who has been charged with a serious offense in another country and is not facing trial in Taiwan for the same crime, Wang said.
The draft bill states that Taiwan's courts may approve an extradition request, if the Taiwanese suspect has been indicted overseas for an offence that carries a penalty in Taiwan of more than three years imprisonment, and the case cannot be prosecuted in Taiwan.
Extradition may be also allowed if a Taiwanese national has already been sentenced to more than one year in prison for criminal offences in a foreign country, according to the draft bill approved by the Cabinet.
The draft amendments are part of the government's efforts to uphold the principles of reciprocity and expand its mutual legal assistance with other countries, the MOJ said.
At Thursday's press conference, Wang said that large sections of the current extradition law had not been revised in more than 40 years and had become obsolete.
The MOJ is now trying to update Taiwan's extradition rules and procedures and bring them in line with modern international practices, she said.
Taiwan's Law of Extradition, introduced in 1954, is applicable only in cases that involve a foreign country with which Taiwan does not have a separate extradition agreement.
The foreign country is required to file the extradition request with the MOJ, via Taiwan's Ministry of Foreign Affairs, after which it is reviewed by the Taiwan High Court.
If the High Court decides to grant the extradition request, the matter must be referred to the president for confirmation. The draft amendments seek to give the final say to the Cabinet, instead of the president, and to allow for a follow-up court order on extradition for a maximum two months.
The draft bill also lists additional grounds for refusing an extradition request, including risks to Taiwan's sovereignty, national security, public order, or international reputation.
Extradition may also be denied if the individual is being prosecuted based on race, nationality, gender or status, or is at risk of physical torture in the foreign country that filed the request, according to the draft bill.
