CONFIDENTIAL
XCX(92)40
their part, the package would have to go to their Cabinet for approval. Following a meeting between the Law Officer (International Law) and the Malaysian Attorney-General, we are reasonably confident that the Malaysian Government will approve this package. The Malaysian delegation indicated that they should have a clear decision from their Cabinet by the end of August.
10
The two delegations then discussed and settled the remaining provisions of the draft Agreement as it stood at the end of our first round. The principal points were -
(a)
(b)
(c)
List of offences (Article 2)
apart from some technical changes to reflect the Malaysian Penal Code, the list remains close to the model agreement;
Restrictions on surrender (Article 6)
at the request of the Malaysians, murder of the Head of State of either Party was excluded from the political offence exception. Appropriate language has been devised for Hong Kong. This is becoming common in extradition agreements and we do not believe the Chinese will have a problem with it;
Surrender by consent (Article 15)
we agreed to include a provision under which surrender can take place with the consent of the fugitive, following his being advised of the consequences by the competent judicial authorities of the requested party. Again, this is becoming a common feature of extradition agreements and is already permitted under the relevant legislation currently applying to Hong Kong; and
(d) Right to instruct (Article 19(2))
the Malaysians insisted that the PRC's right to instruct the Chief Executive not to make a request or to refuse surrender when the foreign affairs or defence responsibilities of the PRC would be significantly affected must be reflected in the Agreement.
Executive Council