GR 150
UNCLASSIFIED
FM HONG KONG 291000Z JUL 82
TO PRIORITY FCO
TELEGRAM NUMBER 826 OF 29 JULY
REVISED EXTRADITION TREATY WITH DENMARK
REFERENCE SECRETARY OF STATE'S DESPATCH GNX 384/3/388 OF 23 APRIL
1982
2. THE PROPOSED REVISION IS GENERALLY ACCEPTABLE TO HONG KONG, BUT
THERE IS ONE POINT YOU SHOULD NOTE AND ONE AMENDMENT WHICH WE
WOULD SEEK.
3. THERE IS A THEORETICAL POSSIBILITY OF A PERSON ACCUSED IN HONG KONG OF MURDER TAKING REFUGE IN DENMARK AND THE DANES EXERCISING THEIR DISCRETION TO REFUSE EXTRADITION WITH AN ASSURANCE THAT THE DEATH PENALTY WOULD NOT BE IMPOSED. THIS WOULD FORCE US TO GIVE
AN ASSURANCE OF COMMUTATION IN THE EVENT OF A CONVICTION OF MURDER, WHICH MIGHT CAUSE US PRESENTATIONAL PROBLEMS IF IT BECAME
PUBLIC.
4. AS REGARDS THE AMENDMENT WE WOULD LIKE, IT IS TO ARTICLE IX(2). THE PROVISIONAL ARREST PERIOD OF 30 DAYS MIGHT NOT BE ADEQUATE FOR
COMMUNICATION BETWEEN HONG KONG AND DENMARK, GIVEN THAT
OUR EXTRADITION CASES ARE FREQUENTLY COMPLEX COMMERICAL CRIME
ASES. WE WOULD PREFER 60 DAYS, FOR WHICH WE BELIEVE THERE TO BE PRECEDENTS IN OTHER TREATIES.
HADDON-CAVE
MINIMAL
(WED
NTD
NTD
lead.
THIS TELEGRAM WAS NOT ADVANCED
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