X

CODE 18-77

BDRACB

Ms Major

HONG KONG/BELGIUM EXTRADITION

1.

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нко

38413

Reference..

Mr Stone

Не нубис

Hi

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On 9 October I received a call from M. de Schoutheete,

10/10

Counsellor (Political) at the Belgian Embassy. He asked whether :

2.

(a) the Anglo-Belgian extradition tready of 1901 applied to Hong Kong; and,

subsequent modifications of that treaty also applied to Hong Kong.

(b)

I checked with Treaty Section and Legal Procedure Section of NTD, who reported that there were five agreements with the Belgians over extradition :

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(a) Convention for Mutual Surrender of Fugitive Criminals of 29 October 1901 (Treaty series 7 of 1902 Cmd 1008). Article 14 extends convention to dependent territories;

(b)

(c)

Supplementary to Convention (16 of 1907: Cmd 3580);

Supplementary to Convention (21 of 1911: Cmd 5807);

(d) Exchange of Notes supplementing Article 1 of 1901 Convention (107 of 1975: Cmd 6203); and,

(e) Exchange of Notes amending Articles 4 and 13 of 1901 Convention (59 of 1985: Cmd 9659).

The last two items contain lists of the countries to which they apply. Hong Kong is included in both.

3.

I informed M. de Schoutheete of the gist of the above the following day. He said that the reason for the query was that a Hong Kong-Belgium extradition case had arisen, but the Belgians' own treaty section was temporarily out of action, as it was in the process of moving from one building to another.

10 October 1989

RESTRICTED

Ламиват

N Cannon

Hong Kong Department

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