RESTRICTED
035003
14
MDLIAN
4.
SURENA SAID THAT SUCH BROAD EXCEPTIONS AS THOSE CONTAINED IN ARTICLE 15 OF OUR MODEL WOULD MAKE IT VERY DIFFICULT FOR THE SENATE TO APPROVE THE AGREEMENT. APART FROM THE WIDTH OF THE EXCEPTIONS WHICH WAS IN ITSELF AN UNDESIRABLE FEATURE, AMERICAN EXPERIENCE HAD SHOWN THAT THESE KINDS OF PROVISIONS WOULD BE USED BY FUGITIVES TO DELAY AND FRUSTRATE THE EXTRADITION PROCESS. EDWARDS REPLIED THAT, FOR CHINA RELATED REASONS (RENDITION) IT WAS IMPORTANT FOR HONG KONG TO HAVE THESE KINDS OF SAFEGUARDS. HE ADDED THAT THEY WERE A COMMON FEATURE OF EXTRADITION TREATIES, INCLUDING SEVERAL TO WHICH THE US WAS A PARTY. WE ATTEMPTED TO NARROW OUR DIFFERENCES AND HAVE PRODUCED A NEW TEXT FOR CONSIDERATION.
LIST OF OFFENCES
5.
SURENA REPEATED THE POINTS THAT HE HAD MADE IN WASHINGTON IN MAY (PARA 3(F) OF WASHINGTON TELNO 10 TO HONG KONG OF 15 MAY
1991). THE AMERICANS STILL PREFERRED TO DO WITHOUT A LIST. NEVERTHELESS, THEY WERE PREPARED TO DISCUSS THE INDIVIDUAL OFFENCES ON THE LIST WITHOUT PREJUDICE TO THEIR STRONGLY HELD POSITION. EDWARDS REPEATED HONG KONG'S COMMENTS ON THIS QUESTION. A REVISED AND EXTENDED LIST HAS NEVERTHELESS BEEN PREPARED AND WE ARE HOPEFUL THAT, ON FURTHER CONSIDERATION, THE AMERICANS WILL BE PREPARED TO ACCEPT IT. BUT WE ARE NOT/NOT OUT OF THE WOOD YET.
GENERAL
6.
A NUMBER OF OTHER MATTERS REMAIN TO BE RESOLVED, INCLUDING THE EXTENT OF THE POLITICAL EXCEPTIONS (HK MODEL ARTICLE 6), DEATH PENALTY CHK MODEL ARTICLE 4) AND SPECIALITY (HK MODEL ARTICLE 14). SURENA BROUGHT UP SOME ADDITIONAL MATTERS, PRINCIPALLY TEMPORARY TRANSFER FOR TRIAL OF FUGITIVES ALREADY SERVING SENTENCES, EXTRADITION BY CONSENT OF THE FUGITIVE AND A TRANSIT PROVISION. WE ALSO HAD A USEFUL EXCHANGE OF VIEWS ON ENTRY INTO FORCE, TERMINATION AND TRANSITIONAL ISSUES. WE BELIEVE THAT ALL THESE MATTERS CAN BE RESOLVED IN FURTHER DISCUSSIONS.
7. ON THE LAST DAY WE PREPARED A NEW TEXT WHICH BOTH SIDES AGREED REPRESENTED THE STAGE WE HAVE REACHED. IT HAS MANY SQUARE BRACKETS IN IT. COPY BY BAG TO HKD, TOGETHER WITH FULL REPORT OF THIS ROUND OF NEGOTIATIONS.