EXCHANGE OF NOTES
BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS CONCERNING THE IMPLEMENTATION OF THE TREATY FOR THE MUTUAL SURRENDER OF FUGITIVE CRIMINALS, SIGNED AT LONDON ON 26 SEPTEMBER 18981, WITH RESPECT TO HONG KONG
No. 1
The Ministry of Foreign Affairs of the Netherlands to Her Majesty's Embassy at the Hague
Ministry of Foreign Affairs
The Hague
General Affairs Department DAZ/JZ ISN/39687
The Ministry of Foreign Affairs presents its compliments to Her Britannic Majesty's Embassy and has the honour, with reference to the negotiations between delegations of the Kingdom of the Netherlands and Hong Kong concerning a bilateral Treaty between the Kingdom of the Netherlands and Hong Kong for the surrender of fugitive offenders, to submit the following to the British Government.
On 14 May 1991 the European Convention on Extradition of 13 December 19572 has entered into force in the relations between the Kingdom of the Netherlands (the part of the Kingdom in Europe) and the United Kingdom of Great Britain and Northern Ireland (including the Channel Islands and the Isle of Man).
Pursuant to Article 28, paragraph 1, of the Convention, the provisions of the bilateral Treaty concluded in London on 26 September 1898 on the extradition of criminals shall cease to apply with respect to the territories to which the Convention applies.
In view of the fact that the bilateral Treaty of 1898 shall remain in force between the Kingdom of the Netherlands and the United Kingdom in respect of Hong Kong until it has been replaced by a new agreement as envisaged, and in order to facilitate the practical application of its Article VIII, the Ministry has the honour to propose on behalf of the Government of the Kingdom of the Netherlands that with immediate effect:
(a) requests by the Government of the Kingdom of the Netherlands for the extradition under the 1898 Treaty of persons found in Hong Kong shall be conveyed by the Representation of the Kingdom of the Netherlands in Hong Kong to the competent authorities of Hong Kong,
and
(b) requests by the Government of Hong Kong for the extradition under the 1898 Treaty of persons found in the Kingdom of the Netherlands shall be addressed to the competent authorities of the Kingdom of the Netherlands and presented to the Representation of the Kingdom of the Netherlands in Hong Kong.
If the foregoing is acceptable to the Government of the United Kingdom, the Ministry has the honour to suggest, on behalf of the Government of the Kingdom of the Netherlands, that the present note and the Embassy's reply to that effect shall constitute an agreement between our two Governments.
The Ministry of Foreign Affairs avails itself of this opportunity to renew to Her Britannic Majesty's Embassy the assurances of its highest consideration.
The Hague
'Treaty Series No. I (1899), C.---9089. 2Treaty Series No. 97 (1991), Cm 1762.
20 August 1991
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