include
3
a
provision in the
US/HK treaty which would
specifically guarantee specialty protection for persons
surrendered to HK under the US/UK treaty, but said that
this would need to be thought through. Surena expressed
interest, adding that the US would also have to consider
the question further.
(3)
Nationality : Who is a national after PRC? Does HKG
intend to deny extradition of Chinese nationals? Does HKG
intend to deny extradition?
As to who is a national of the PRC Edwards
advised that definitive advice was awaited from the PRC; he
referred to pp 56 and 57 of the JD.
Surena
expressed
considerable
difficulty
with
Article 3 of the HK model which reserves the right not to
surrender
had been
nationals.
Edwards
included at Chinese
explained that the article
insistence and was only
intended to be operable after 1997 for exceptional cases of
mainlanders
(particularly
Kong) and rare
public
servants working in Hong
cases involving defence and foreign
affairs. Surena explained that the US had only reluctantly
agreed to such provisions in the past and had a policy of
requiring prosecution if surrender was refused. Edwards
said that HK did not favour asserting extra territorial
and that, in any event, such assertion, in the
jurisdiction