CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 3424
(10)
120351
CONFIDENTIAL
икс 38474
MDLIAN 0841
RES
31 OCT 1991
Q DIST?
TOP COPY
не
M
31/10
OF 311015Z OCTOBER 9
INFO PRIORITY PEKING
INFO ROUTINE OTTAWA, UKREP JLG HONG KONG
J
EXTRADITION: HONG KONG/CANADA NEGOTIATIONS 28 31 OCTOBER 1991.
SUMMARY
1.
THE TWO DELEGATIONS INITIALLED THE TEXT OF AN AGREEMENT. ALL THE SAFEGUARDS IN MODEL AGREEMENT RETAINED INCLUDING LIST OF OFFENCES, PRIMA FACIE RULE, DEATH PENALTY AND THE POLITICAL EXCEPTION. A NO-RESURRENDER PROVISION WAS INCLUDED AND THERE WAS A MINOR MODIFICATION OF THE NATIONALITY ARTICLE.
DETAIL
2-
A CANADIAN DELEGATION LED BY SMITH (DEPARTMENT OF EXTERNAL AFFAIRS) MET WITH HKG DELEGATION LED BY EDWARDS (LO(IL)) FROM 28 31 OCTOBER IN HONG KONG. THE CANADIANS WERE CONSTRUCTIVE AND UNDERSTANDING OF OUR VARIOUS PECULIAR PROBLEMS AND, AFTER DUE DISCUSSION, MET ALL OUR MAJOR NEEDS. ALTHOUGH THERE HAD TO BE A NUMBER OF RELATIVELY MINOR DEPARTURES FROM THE MODEL AGREEMENT TO FULFIL CANADIAN LEGAL AND PROCEDURAL REQUIREMENTS AND THEIR DESIRE TO CONCLUDE A WORKABLE PRACTITIONER'S AGREEMENT, THE NUMBER OF SUBSTANTIVE POINTS OF DEPARTURE ARE FEW AND WILL, WE BELIEVE, BE READILY DEFENSIBLE WITH THE CHINESE. THE MAIN POINTS ARE SUMMARISED BELOW.
LIST OF OFFENCES
3. THE CANADIANS REPEATED THEIR PREFERENCE FOR DOING WITHOUT A LIST BUT WERE, AFTER HEARING OUR FURTHER ARGUMENTS, READY TO ACCEPT ONE. SEVERAL OFFENCES WERE ADDED TO REFLECT THE CANADIAN CRIMINAL CODE AND SOME ITEMS IN THE LIST WERE AMENDED TO ENSURE CONSISTENCY WITH THE GENERIC APPROACH DESIRED BY THE CANADIANS. WE HAVE NOT INCLUDED A CATCH-ALL PROVISION (LIKE ARTICLE 2(1)(XXX) OF THE HK/NETHERLANDS EXTRADITION AGREEMENT) BECAUSE TO HAVE DONE SO WOULD NOT HAVE BEEN CONSISTENT WITH CANADIAN LAW AND PRACTICE. A CONDUCT TEST (ON THE LINES OF ARTICLE 2(3) OF THE
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