HKC384/4
22 MAY 180:
CONFIDENTIAL
8
051030
MDLIAN 2729
CONFIDENTIAL
FM OTTAWA
TO ROUTINE HONG KONG
TELNO 006
OF 17230OZ MAY 91
CORRECTED VERSION
INFO ROUTINE FCO, PEKING, UKREP JLG HONG KONG
la ( to replace
*fa
earlier copy) Purways.
FROM EDWARDS (LAW OFFICER HONG KONG GOVERNMENT)
EXTRADITION: CANADA/HONG KONG
1 -
INFORMAL DISCUSSIONS HELD WITH CANADIAN DELEGATION LED BY SMITH, LEGAL ADVISER, DEA 16/17 MAY. FOLLOWING FULL EXPLANATION BY EDWARDS OF THE CURRENT SITUATION AND THE NEED FOR HONG KONG TO NEGOTIATE ITS OWN EXTRADITION TREATIES, SMITH EMPHASISED CANADA'S DESIRE GENERALLY TO ASSIST HONG KONG BUILD UP ITS NETWORK OF INTERNATIONAL AGREEMENTS CONTINUING BEYOND 1997. THE CANADIANS WERE THEREFORE KEEN TO MOVE AHEAD WITH A MUTUALLY ACCEPTABLE EXTRADITION AGREEMENT.
2. DURING THE DISCUSSION, WHICH WAS BASED ON OUR MODEL TREATY, THE FOLLOWING MAIN POINTS AROSE
A) THE LIST OF OFFENCES
SMITH SAID CANADA WOULD PREFER TO DISPENSE WITH THE LIST BUT SAID, AFTER HEARING EXPLANATIONS AS TO WHY WE HAD INCLUDED ONE, THAT SYMPATHETIC CONSIDERATION COULD BE GIVEN TO THE HK PROPOSAL. EDWARDS SAID WE WOULD BE READY TO INCLUDE A CATCHALL PROVISION AND A CONDUCT TEST IN ARTICLE 2 AS WE HAD WITH THE DUTCH. HE HANDED OVER DRAFT TEXTS TO THIS END.
B) SURRENDER OF NATIONALS
SMITH EXPLAINED THAT CANADA DID NOT WISH TO CLAIM THIS RIGHT BUT SEEMED READY TO ACCEPT THE PRINCIPLE AFTER EDWARDS HAD EXPLAINED THE CHINESE POSITION ON THIS, INCLUDING ITS LIKELY VERY LIMITED APPLICATION.
C) RE-SURRENDER
SMITH INDICATED THAT CANADA WOULD REQUIRE A NO RE-SURRENDER CLAUSE. THEY WILL PROVIDE A FORM OF WORDS IN DUE COURSE.
D) PRIMA FACIE TEST
TO OUR SURPRISE SMITH SAID THE CANADIANS WERE PREPARED TO INCLUDE PROVISIONS AMONG THE LINES OF ARTICLE 7(3) AND 12(1) OF THE HK MODEL. DESPITE THE POSITION CANADA HAS ADOPTED AT THE TWO MOST RECENT
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