Are UK extraditions to China about to resume?

According to a July 2025 article by the Telegraph, the Government is looking to reverse the 2020 suspension of our extradition treaty to Hong Kong, which could pave the way for UK extraditions to China.

What happened in 2020?

In 2020, the UK Government suspended the extradition treaty to Hong Kong.

This followed the arrest in Hong Kong of hundreds of protestors following the creation of a series of new offences, permitting China to remove Hong Kong residents for trial in mainland China.

What has the UK Government now done?

It is reported that the security minister, Dan Jarvis, has recently tabled an amendment to the Extradition Act 2003, which will establish a case-by-case basis for extradition to Hong Kong.

In a letter to MPs this was described so “…that we can cooperate with them on the case-by-case ad hoc basis available for non-treaty partners”.

He also added that a prime facie case must be made for extradition, and he could “never allow a situation where Hongkongers or any other nationalist is extradited for politically motivated purposes”.

What do the experts say?

According to legal experts, this amendment bypasses the practical consequences of the suspension of the treaty and re-opens extradition from the UK to China.

What about China’s involvement with INTERPOL?

We have been tracking China’s increasing collaboration with INTERPOL, most recently via a high-level meeting between INTERPOL and China’s Ministry of Public Security focused on expanding cross-border collaboration in areas such as telecom fraud, asset recovery, fugitive repatriation, and terrorism.

China remains an active user of the INTERPOL Red Notice, and we recently wrote about how a Chinese fraud fugitive has been arrested on a Chinese INTERPOL Red Notice.

It is currently unclear what (if any) arguments will be raised in defence of any extradition request.  However, we have previously described how, in circumstances where there might be a risk of human rights abuses, INTERPOL’s guidance offers deeper insight into how requests relating to political unrest, sanctions violations or civil disputes are reviewed.

What does this mean?

With regards to investigations against individuals, the potential for enhanced information sharing (particularly to or from China), and potentially easier access to evidence, from a broader scope may ultimately result in charges being brought against those who are based in the UK, extradition requests being issued against those based abroad, or INTERPOL Red Notices more readily leading to the initiation of extradition proceedings.

Therefore, if you have conducted business and are worried about liability, if you have unresolved financial matters, including even an outstanding civil dispute, and you fear that you may be subject to INTERPOL measures, including a Red Notice, expert legal advice should be sought immediately.

How Gherson can help

Those who fear that they may be subject to INTERPOL measures, including a Red (or Blue) Notice and diffusion, should take heed.

Indeed, Gherson Solicitors continue to receive requests for expert advice and assistance from those who fear they may have outstanding financial issues arising. That advice tackles:

1. How to best approach a possible INTERPOL notice;
2. Preparing for potential criminal proceedings / an extradition request;
3. Preparing for a situation where a civil matter or commercial dispute could be used to initiate bogus criminal proceedings; and
4. Even exploring the possibility of instigating civil litigation proceedings to recover any misappropriated assets.

Gherson have previously written a series of blogs designed to assist those who fear they might be subject to INTERPOL measures (including a Blue and a Red Notice):

INTERPOL and Red Notice Challenges

How to Remove an INTERPOL Red Notice

INTERPOL Red Notices and Extradition

How do I know if I am subject to an INTERPOL Red Notice?

Gherson has over 30 years of experience in assisting with all aspects of INTERPOL, Red Notice challenges and extradition. If you would like to speak to us in respect of any of the issues raised in this blog or about your specific circumstances,  do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on X, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025