HomeExtradition from China to the UK: Legal Framework and Defence
Advice for people in China who are sought by UK authorities, and for their families. We explain the legal framework without an extradition treaty, how a request is considered under Chinese law, the issues commonly examined, and how our UK team can review the UK warrant, the charges and the proceedings that would follow any return.
We advise people in China who are sought by UK authorities, and their families, on the UK side of the case. The UK request, the charges and the proceedings that would follow any return are often where the decisive questions lie.
The legal framework
There is no extradition treaty between the UK and the People’s Republic of China. Any request would be dealt with under the Extradition Law of the People’s Republic of China (2000), which allows requests to be considered without a treaty, subject to its conditions.
Under Article 8 of that law, China refuses to extradite its own nationals. A Chinese national will therefore not be extradited to the UK.
The UK suspended its extradition treaty with Hong Kong in July 2020, after the national security law for Hong Kong came into force.
How the process works
In the absence of a treaty, each case depends on the Chinese authorities’ assessment of the request under Chinese law. The UK may also seek a person’s return by other means, such as immigration measures taken by the state where the person is located; these raise different legal questions.
Proceedings in China are conducted by lawyers qualified there.
Issues that are commonly examined
Which arguments are available depends on the legal basis of the request and on the facts. Issues that are often relevant include:
- nationality — Chinese nationals are not extradited;
- whether the request meets the conditions of the Chinese Extradition Law;
- political offences and human rights concerns;
- whether the person has already been tried for the same conduct;
- the completeness and accuracy of the UK request.
Contact us now!
Your situation requires immediate action. Contact our lawyers for a free consultation at [email protected] and learn what legal tools can help you respond to extradition proceedings between China and the UK and protect your rights.
How our UK team can help
Every extradition to the UK has a UK side: a warrant or charging decision by UK authorities, an underlying investigation and, if surrender takes place, proceedings before the UK courts. Our work focuses on that UK side of your case and on extradition defence:
- reviewing the UK arrest warrant or request, the charges and the material disclosed, and identifying defects that can be raised;
- advising on the proceedings you would face in the UK after surrender, including bail, the likely charges and the rule of speciality;
- communicating with the UK prosecuting authorities through the proper channels where this may help, for example on the scope of the case or on voluntary attendance;
- checking whether an INTERPOL Red Notice or diffusion has been circulated and, where there are grounds, applying to the CCF (INTERPOL Red Notice removal);
- working alongside your local lawyers, who represent you before the courts of the requested state, so that arguments on both sides are consistent.
We are not Chinese lawyers: proceedings in China are conducted by lawyers qualified there. Our role is to deal with the UK aspects of the case and to coordinate the overall strategy.
When to contact us
As early as possible — ideally before any arrest, if you know or suspect that UK authorities are looking for you. Early advice allows the UK position to be assessed while more options remain open. Please contact us for a confidential assessment.
Related services: Extradition Appeal Solicitors.
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Frequently Asked Questions
Is there an extradition treaty between the UK and China?
No. There is no extradition treaty between the UK and the People's Republic of China. Any request would be considered under the Extradition Law of the People's Republic of China (2000), which allows requests without a treaty, subject to its conditions.
Can a Chinese national be extradited from China to the UK?
No. Under Article 8 of China's Extradition Law, China refuses to extradite its own nationals, so a Chinese national will not be extradited to the UK.
What is the position on extradition between the UK and Hong Kong?
The UK suspended its extradition treaty with Hong Kong in July 2020, after the national security law for Hong Kong came into force.
Can the UK seek a person’s return from China other than by extradition?
Yes. The UK may seek a person's return by other means, such as immigration measures taken by the state where the person is located. These raise different legal questions from extradition and need separate assessment.
How can a UK legal team help if I am in China and wanted by UK authorities?
A UK team can review the UK warrant or request and the charges, advise on the proceedings you would face in the UK, communicate with UK prosecutors where useful and check for any INTERPOL Red Notice or diffusion. Proceedings in China are conducted by lawyers qualified there.
