JULE 3
HUNG KUNG
เ
11-20
PHGE 04
CONFIDENTIAL
ŏ.
Canada agreed that Hong Kong could have a right
CO reruse сде surrender of nationals but did not wish to
reserve an equivalent right το itself. It nevertheless
insisted that where this right was exercized by Hong Kong
Canada should be entitled to request that Hong Kong
consider
limited
•
prosecution. We explained that Hong Kong had very
extra-territorial jurisdiction and that we would,
in any event, usually take the view that prosecution would
be inappropriate
considered such
Canada understood this but nevertheless
requirement important So that the
agreement would on its face allow a national, in respect of
whom, surrender ☀ had been refused, to be prosecuted. In
deffecti Canada, want the requirement inserted for
presentational reasons. It is important to note that the
obligation is only to consider prosecution action; there is
no obligation to actually prosecute.
ARTICLE 4
y.
'a
NO
substantive change; 'this penalty' replaced by
sentence of death'.
CONFIDENTIAL