Saving Telegram
UNCLASSIFIED
GNX 384/3/380
To Governor of Hong Kong
1.
Your telegram number 826 or 29 July.
2.
Revised extradition treaty with Denmark.
3.
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
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 constitutional 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
Lets new treaty will be an improvement on the old one which states at
Article 4 a 15 day limit on provisional arrest. Since it has been
difficult to bring the negotiations for this įtreaty revision to the
cetidempt point of signature we are reluctant to admit to negotiate an
amendment at this late stage, particularly as it would seem to he
caydinys precluded by the Danish extradition law. Rather than admit to
negotiate a special arrangement, it might be possible to reduce tka
UNCLASSIFIED
/communication