with (8
UNCLASSIFIED
SAVING TELEGRAM
KK 384/2.
BY BAG
UNCLASSIFIED
FM FCO 131200Z OCT 82
TO SAVING HONG KONG
TELEGRAM NUMBER 47 SAVING OF 13 OCTOBER
TO GOVERNOR
1.
2.
3.
YOUR TELEGRAM NUMBER 826 OF 29 JULY.
REVISED EXTRADITION TREATY WITH DENMARK.
1932
No
252% | Afr
see 28
YOUR PARAGRAPH 3. THE DEATH PENALTY PROVISION IN ARTICLE 3(4) OF THE REVISED TREATY IS BASED ON ARTICLE 11 OF THE
EUROPEAN CONVENTION ON EXTRADITION AND SUCH PROVISION IS NOW
COMMON TO UK EXTRADITION ARRANGEMENTS: THERE IS A DEATH PENALTY PROVISION IN DIFFERENT FORM IN SECTION 9(4) OF THE FUGITIVE OFFENDERS ACT 1967. WE DO NOT KNOW WHAT ASSURANCES THE DANES WOULD REQUIRE BUT SOME COUNTRIES RECOGNISE THAT, ON CONSTITU- TIONAL GROUNDS, THE EXECUTIVE CANNOT GIVE ANY ASSURANCE OTHER THAN AN UNDERTAKING TO RECOMMEND THAT THE DEATH PENALTY BE
COMMUTED.
4.
•
YOUR PARAGRAPH 4. THE LIMITATION OF THE PERIOD FOR PROVISIONAL ARREST IN ARTICLE 9(2) TO 30 DAYS IS A CONSEQUENCE OF SECTION 19 OF THE DANISH EXTRADITION LAW WHICH SPECIFIES THIS
LIMIT, ALTHOUGH IT PROVIDES IN SPECIAL CASES FOR THE COURT TO EXTEND THE TIME. THE NEW TREATY WILL BE AN IMPROVEMENT ON THE OLD ONE WHICH SETS ARTICLE 4 A 15 DAY LIMIT ON PROVISIONAL ARREST. SINCE IT HAS BEEN DIFFICULT TO BRING THE NEGOTIATIONS FOR THIS NEW TREATY TO THE POINT OF SIGNATURE WE ARE RELUCTANT TO ATTEMPT TO NEGOTIATE AN AMENDMENT AT THIS LATE STATE, PARTICULARLY AS IT WOULD SEEM TO BE PRECLUDED BY THE DANISH
EXTRADITION LAW. RATHER THAN ATTEMPT TO NEGOTIATE A SPECIAL ARRANGEMENT, IT MIGHT BE POSSIBLE TO REDUCE COMMUNICATION TIME BY ARRANGING UNDER ARTICLE 19 FOR REQUESTS TO BE TRANSMITTED THROUGH THE FCO OR THE DANISH CONSUL IN HONG KONG RATHER THAN BETWEEN THE GOVERNMENT OF DENMARK AND THE GOVERNMENT OF HONG
KONG.
5. WE SHOULD WELCOME YOUR FURTHER COMMENTS, BUT DO NOT FEEL ABLE TO HOLD UP SIGNATURE FOR THE ABOVE REASONS. WE ARE ASSUMING THEREFORE THAT THE NEW TREATY SHOULD BE EXTENDED TO HONG KONG
1
UNCLASSIFIED