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MDLIAN 6484
9. THE BRITISH SIDE'S MAIN CONCERNS WHEN DRAFTING THE OUTLINE AT
ANNEX B WERE:
(A) TO SAFEGUARD HONG KONG'S PROSECUTING AUTHORITY FROM EXTERNAL
INTERVENTION:
AND
(B) TO ENSURE THAT PROVISIONAL REQUESTS CAN CONTINUE TO BE MADE
WITHOUT DELAY IN CASES OF URGENCY (E.G. WHEN A SUSPECT MAY BE
ABOUT TO ABSCOND): BUT
(C) TO PROVIDE TIME FOR REVIEW OF CASES BY THE CPG BEFORE ANY
FORMAL REQUEST FOR SURRENDER IS MADE.
10. IT IS PARTICULARLY IMPORTANT:
(A) THAT PROCEDURES SHOULD NOT UPSET EITHER THE MAKING OF URGENT
PROVISIONAL REQUESTS OR THE SUBMISSION OF FORMAL REQUESTS WITHIN THE TIME LIMITS THAT MAY BE IMPOSED BY LEGISLATION OR AGREEMENTS
WITH FOREIGN JURISDICTIONS: AND
(B) TO REMEMBER THAT THE MAKING OF REQUESTS BY HONG KONG, HITHERTO, HAS BEEN EFFICIENT AND UNRESTRICTED. THE CONSULTATION PROCEDURE NOW
PROPOSED IS NOVEL. IT IS VERY IMPORTANT THAT THE PRESENT EFFECTIVE
SYSTEM BE SEEN TO CONTINUE.
OTHER MATTERS
11. OTHER MATTERS THAT STILL NEED TO BE SETTLED BETWEEN THE TWO
SIDES ARE:
(A) THE CHANNEL TO THE CPG FOR ROUTINE NOTIFICATION OF CASES:
(B) THE AUTHORITY IN THE CPG TO WHOM REFERRALS WILL BE MADE AND
WHO (IN THE AGREED CIRCUMSTANCES) MAY MAE FINAL DECISIONS:
(C) THE INITIAL LIST OF COUNTRIES WITH WHICH NEGOTIATIONS WILL BE
CONDUCTED:
(D) THE MECHANISM FOR BRINGING AGREEMENTS INTO FORCE: AND
(E) A CLAUSE TO BE USED IN AGREEMENTS SHOULD ANY NEGOTIATING PARTNER
INSIST ON A NATIONALITY PROVISION.
CHANNELS FOR NOTIFICATION
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