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On June 4, the Supreme Court of New Zealand issued an important judgment in a case involving the extradition to China of Kyung Yup Kim, a South Korean national resident in New Zealand wanted on a murder charge. Initial reports about the 150-page judgment—that it was a 3-2 vote clearing the way for Kim’s extradition—are not exactly wrong, but they convey a misimpression as to both the split of opinion and the effect of the judgment. As it stands, the government is not yet permitted to extradite Kim. At the same time, however, all five judges agreed that it could do so if the Chinese government provided appropriate assurances that Kim would receive a fair trial and not be tortured.
While liberal democratic countries such as Canada and the United States have on occasion delivered wanted suspects to China, whether under the
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