CONFIDENTIAL
Accordingly, we have drafted a suitable provision and included it as one of the circumstances in which surrender may be refused.
XCX(92)40
ARGUMENT
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This was not an easy negotiation but the Malaysians, who seemed keen to conclude a workmanlike agreement with us, came a long way towards meeting us. The resulting package preserves our right not to return fugitives to Malaysia to face the death penalty and, when we do refuse, will not expose us to charges that we are in breach of the Agreement. While it would no doubt have been preferable to have been able to retain in the Agreement a provision that the requesting Party will take into account any representations of the requested Party about the death penalty, this was simply not negotiable with the Malaysians. Our vital interest in preserving our policy not to return is clearly set out and noted in the exchange of letters. If both sides are able to confirm their agreement to the package, the way would now appear to be open to us to seek agreements with Singapore and Thailand in due course.
12
In the light of the foregoing arguments, we recommend that the initialled Agreement and the draft exchange of letters be approved.
Legislative Council Brief
13
The negotiations are still confidential and no Legislative Council brief will be issued at this stage.
ATTENDANCE
Mr J.F. MORRIS
Deputy Secretary (Security)
Mr D.M. EDWARDS
Law Officer (International Law)
11 June 1992
(SBCR 5/1/2716/80)
COUNCIL CHAMBER
Executive Council