A man fighting his extradition to China for fear of being tortured and murdered has lost his appeal in the Supreme Court. 

The judgment released today is the final word after 12 years of appeals for Korean-born New Zealand citizen Kyung Yup Kim. 

Kim is accused of beating and fatally strangling 20-year-old sex worker Peiyun Chen while on holiday in Shanghai in 2009. Chinese authorities have been fighting to extradite him so he can face trial for murder. 

A warrant for his arrest was issued in 2010. A year later, after authorities sought his extradition from New Zealand, he was arrested and spent five years in jail, without trial, before being released on electronic bail in 2016. 

The judgment this afternoon ruled the Minister of Justice's decision to surrender Kim should be reinstated, meaning he will be extradited. 

At his last hearing before the Supreme Court in February, Kim's legal team, led by Tony Ellis, argued the circumstances in China have changed since previous assurances were given back in 2015, and there is a complete lack of transparency in the judicial process that operates largely behind closed doors. 

If extradited to China, he might not have access to life-saving health care, such as an indicated liver transplant, Ellis said. 

Co-counsel Ben Keith explained there was real concern for Kim, who could be subjected to undetectable torture techniques, and he was at particular risk because of his fight against extradition. 

Keith said there was an obligation on Justice Minister Kris Faafoi to address the many risks Kim might face if extradited to stand trial, and a failure to do so was "passing the buck". 

On behalf of the Crown, Solicitor-General Una Jagose, QC, said if Kim was tried and detained in Shanghai, where Chinese authorities say he will be, there were no substantive grounds that he would be at risk of torture. 

In response to the defence's point around undetectable torture, such as white torture where sensory deprivation is used to elicit a confession, the Crown contended this was not the place to question the general state of China, but instead the risk to Kim. 

The Crown said Chinese authorities would honour fair trial rights, and China understood the concerns of New Zealand courts. 

The court also heard China had made assurances Kim would have access to medical attention and treatment, as well as access to medical professionals of his choice. 

But in today's judgment, Justices Glazebrook, Ellen France, and Arnold granted the appeal, with Justices O'Regan and French dissenting. 

The judgment stated the assurances received from the People's Republic of China were enough that the Minister of Justice could be satisfied there was "no real risk" of Kim being tortured. 

"We reiterate the point made in the earlier judgment that, while the prohibition on torture is absolute, if no substantial grounds exist for believing an individual accused is at risk of torture because of the assurances provided, the individual should not avoid prosecution for a serious crime." 

They also said the Minister could be satisfied there was no real risk Kim wouldn't receive a fair trial. 

A decision on costs is reserved. 

Court timeline: 

2009 – Chinese sex worker Peiyun Chen is found beaten and strangled. 

2010 – A warrant for Kyung Yup Kim's arrest is issued by Chinese authorities. 

2011 – New Zealand receives a request for the extradition of Kim to stand trial for homicide in China. 

2013 – District Court determines Kim eligible for extradition. 

2015 – Then Minister of Justice Amy Adams, after seeking diplomatic assurances from China as to Kim's treatment, determines Kim be surrendered to the People's Republic of China. 

2016 – Kim challenges Adams' decision by judicial review, which is won in the High Court. On review, Adams again finds Kim eligible for extradition to China. A further judicial review is sought and lost. 

2019 – Court of Appeal quashes Adams' decision and the case heads to the Supreme Court. 

2020 – Supreme Court holds a substantive hearing to hear the appeal of the Crown in the quashed decision and cross-appeal of Kim. 

2021 – Supreme Court Judges direct a report be filed regarding issues of torture and fair trial, focusing on the safety of Kim. 

February 2022 – Both the Crown and council argue their case for extradition. 

- by Melissa Nightingale, NZ Herald