Agreement between the Government of Hong Kong and the Government of Malaysia
for the Surrender of Fugitive Offenders
Article-by-Article Comparison between the Initialled Text and the Text of the
Hong Kong Model Agreement
Annex B
Preamble
1.
No change.
Article 1
2.
No change.
Article 2(1)
3.
At the request of the Malaysians, the words 'more than one year' in the Model Agreement were replaced by 'not less than one year' to cover the many offences in Malaysia carrying a term of imprisonment of exactly one year. The reference to other forms of detention was deleted as the relevant offences only carry imprisonment in Hong Kong and Malaysia.
4.
Apart from some technical changes made at Malaysian request to reflect the specific wording of the Malaysian Penal Code, the list of offences remains close to the Model Agreement.
Article 2(2)
5.
To be consistent with the revised chapeau to Article 2(1) the words 'or detention' were deleted.
Article 2(3)
6.
Article 2(3) establishes the "conduct" test which has become common in more recent agreements for the surrender of fugitive offenders. It ensures that surrender of fugitive offenders may take place provided the offence falls within the general description of one of the items on the list and the conduct is criminal in both jurisdictions.
Article 2(3) of the Model Agreement was deleted because convictions "in absentia" are not possible under Hong Kong or Malaysian law.
7.