Government of Kiribati on a constitutional enquiry into the
provisions for the protection of the interests of Banabans, and
the former prime minister of Fiji, Dr. Bavadara and his Coalition
Party from 1987 until now. I have advised on constitutional
litigation in a number of countries. I have also acted as a
legal consultant to some international organisations, including
the Commonwealth Secretariat.
3.
I set out here my opinion on the effect of the constitution-
al changes associated with the transfer of sovereignty over Hong
Kong to China in 1997 on the law and practice of extradition in
Hong Kong. I consider in particular whether the Govenment of
Hong Kong would be able to meet its obligation under the special-
ty rule relating to extradition currently contained in the Fugi-
tive Offenders (Hong Kong) Order.
4.
The principle underlying the specialty rule in international
law is that a person who is extradited should only be tried for
the offence for which his return has been requested. In the
absence of such a rule, many countries are reluctant to return
fugitives for fear that they may be harassed or persecuted or
faced with charges supported by unsatisfactory evidence. The
rule thus plays an important role in the international system of
extradition.
5.
The assurance of the specialty rule can be provided either
in the general law of the requesting state or by an arrangement
with it (usually in the form of a treaty but sometimes specifi-
cally for a particular case). It is not my understanding that
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