3
CONFIDE
Annex B
Agreement for the surrender of Accused and Convicted
Persons between the Government of Hong Kong and the Government of Australia
Article-by Article Comparison between the Initialled Text and the Text of the Hong Kong
Model Agreement
PREAMBLE
The
expression
"fugitive offender"
has
been
avoided
the initialled throughout
text at Australian This is because of Australian case law to the request. effect that offenders from other jurisdictions found in For instance Australia may not necessarily be fugitives. an offender who embarked on a business trip to Australia before he was charged could not positively be said to be a fugitive. The title of the agreement accordingly now refers to accused or convicted persons instead of fugitive offenders.
ARTICLE 1
-
The
substantive.
2.
only.
amendments
to
this Article
are
not
is The word "jurisdiction"
now used once The Australians took the view that use of this word in the model text is slightly confusing as, when first used, it refers to the jurisdiction of the courts, whereas on the second occasion it relates to the area or territory of Hong Kong.
ARTICLE 2(1)
3.
Australian criminal law is principally a matter for individual Australian States. Several offences were added to the list to ensure that all serious offences under the various State laws were covered. Other changes were made to achieve the more generic approach favoured by the Australians. The changes should ensure that no serious offences are inadvertently omitted. None of the changes will necessitate amendment of existing Hong Kong law.
ARTICLE 2(2)
4.
No substantive change.
ARTICLE 2(3)
5.
This
test
new
establishes paragraph which has become common in more recent The paragraph will help
fugitive
place
the
so-called
takes
"conduct" extradition agreements world-wide. to ensure
that surrender of the provided the offence falls within the general description of one of the items on the list and the conduct is criminal in both jurisdictions.
CONFIDENTIAL
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