QUESTION
+
According
British side, Article
paragraph
reflects
CUNFIDENTIAL
10
to
Annex B of the speaking note of the
2(3) is also a newly added clause.
The
the
provision
in found
the more recent
extradition agreements.
the
оп based offence
extraditable
the offence,
It emphasizes besides the point that
which surrender is requested should be
constitute an offence in both jurisdictions.
conduct of the fugitive should also
We would like to
know
whether
or
not the addition of such a clause will affect
Is there any the judicial practices now existing in Hong Kong. specific provisions under the existing law of Hong Kong?
ANSWER
Article 2(3) was
included to confirm that examining
the conduct of a fugitive is the appropriate course rather than of the elements of the offence in the two)
It has been included for certainty (most old
the point)
making
comparison a
jurisdictions.
treaties
being silent on
existing judicial practice.
and
ποι does
change
QUESTION
note
added
As explained in Annex B of the aforesaid speaking
of the British side, Article 16(2) and (3) are also newly clauses. The provision "a fugitive offender who has been
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