Mr Stuart) (HKIOD)
Reference...
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Diane, This goes with my
submission
HONG KONG : EXTRADITION OF GODBER
1.
Before the Fugitive Offenders Act 1967 (c.68) came into force extradition between the United Kingdom and a colony was governed by the Fugitive Offenders Act 1881 (c.69).
2.
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The Act applied in respect of offences punishable with imprisonment for 12 months or more, or some greater punishment (see s.9) and in this respect is the same as the Act of 1967 (s. 3(1)(b)). It was expressly provided however in s.9 that a person charged in one part of HM dominions with an offence under the law of that part could be extradited from another part of HM dominions although there was no corresponding offence under the law of that other part, in other words it did not contain the so-called double criminality rule.
3. The Fugitive Offenders Act 1967, in so far as it relates to extradition between the UK and other independent members of the Commonwealth, gave effect to an agreed scheme published as Cmnd. 3008 of which I attach a copy. You will see from paragraph 10 of Cmnd. 3088 that the scheme includes a double criminality rule.
4. The agreed scheme was not intended to regulate extradition between the UK and its dependencies so HMG were under no obligation to introduce the double criminality rule in respect of such extradition.
5. The fact that the double criminality rule has nevertheless been provided for in section 3(1)(c) of the Act of 1967 not only as respects extradition to independent countries but also as respects extradition to dependencies must therefore reflect a deliberate decision of policy on the part of HMG.
6. If it were decided to modify or abolish the rule as respects dependent territories the change would have to be made by Act of Parliament.
A.R.R
22 August 1973
A R Rushford
Deputy Legal Adviser
DD 897261 230443 500M 5/72 GM 3643/2