CONFIDENTIAL
布政司署
香港下亞厘畢道
本署檔號 Our Ref.:
SCR 1/2716/80.
來函檔號 Your Ref.:
DIEU
Security Branch, 6/F,
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD HONG KONG
@
surely
we
trust?
Mr. C.T. Wood,
Mr Cannar
Hong Kong Department, FCO.
Pl. dig
dig
text
and
Daw Chis
copy
24 February 1989.
out the most up-to-date
prior to this,
we
had
both to
2
Mr Edwards
seeking his views. Maybe should meet you?
ергр
Surrender of Fugitive Offenders:
Draft Model Agreement
we
I enclose a copy of the model agreement,
revised to take into account changes so far agreed during talks with the Chinese side.
You will recall from our Telno. 478 that
we believe the model agreement will have to be changed in certain regards in due course, not only in consequence of normal negotiations with prospective contracting parties, but also as a result of some matters we have already identified.
We note that, for some reason, the copy
of the Commonwealth Scheme which we have handed to the Chinese contained the 1983, but not the 1986 amendments. We would be grateful for your views as to whether we should put this right.
Amongst the further matters we may wish to (re)consider in due course are the following:
(i)
whether Clause 10(3)(d) of the amended Scheme ("any other sufficient cause") is a phrase to be inserted in Article 14 of the model agreement; and
(ii) a suggestion that as the law now stands
extradition may in the absence of express statutory or treaty provision now lie even though the criminal offences are connected with revenue law, so that the requesting jurisdiction might be assisting enforcement of the revenue laws of the other country.
CONFIDENTIAL
/On
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