041402Z
COMMENT:
HKD
اعلم
CONFIDENTIAL
FM KUALA LUMPUR
TO PRIORITY HONG KONG
TELNO MISC 28
OF 030828Z JUNE 92
INFO ROUTINE FCO, PEKING, UKREP JLG HONG KONG
FROM EDWARDS CLAW OFFICER, HONG KONG GOVERNMENT)
HKC 384/6.
см
MIPT: SURRENDER OF FUGITIVE OFFENDERS: MALAYSIA
FOLLOWING IS TEXT OF EXCHANGE OF LETTERS:
A. LEADER OF THE HONG KONG DELEGATION TO LEADER OF THE MALAYSIAN DELEGATION
DEAR.
·
I REFER TO THE AGREEMENT BETWEEN THE GOVERMENT OF MALAYSIA AND THE GOVERNMENT OF HONG KONG FOR THE SURRENDER OF FUGITIVE OFFENDERS SIGNED AT...
('THE AGREEMENT').
DURING THE NEGOTIATIONS LEADING TO THE AGREEMENT, I DESCRIBED MY GOVERNMENT'S CURRENT POLICY TOWARDS THE DEATH PENALTY AND UNDERTOOK TO SET DOWN IN WRITING HOW MY GOVERNMENT INTENDS TO REACT IN THE EVENT THAT MALAYSIA SEEK THE SURRENDER OF A FUGITIVE OFFENDER WHO IS PUNISHABLE UNDER THE LAWS OF MALAYSIA WITH THE DEATH PENALTY.
WHENEVER THE SURRENDER OF A PERSON IS SOUGHT FROM HONG KONG BY THE GOVERNMENT OF MALAYSIA IN RESPECT OF AN OFFENCE WHICH CARRIES THE THE DEATH PENALTY, THE HONG KONG GOVERNMENT WILL CONSIDER WHETHER IT WISHES TO MAKE REPRESENTATIONS TO THE GOVERNMENT OF MALAYSIA WITH A VIEW TO OBTAINING AN ASSURANCE THAT THE DEATH PENALTY, IF IMPOSED, WOULD NOT BE CARRIED OUT. IF IT DECIDES TO MAKE SUCH A REPRESENTATIONS IT WILL ASK AT THE SAME TIME THE GOVERNMENT OF MALAYSIA TO INDICATE WHETHER IT WILL COMMUTE THE DEATH PENALTY IF THE FUGITIVE IS SURRENDERED, CONVICTED AND SENTENCED TO DEATH.
IF THE GOVERNMENT OF MALAYSIA, IN REPLY TO THESE REPRESENTATIONS OF THE HONG KONG GOVERNMENT, INDICATES THAT THE DEATH PENALTY WILL NOT BE COMMUTED, OR THAT IT IS NOT AT THAT STAGE IN A POSITION SO TO INDICATE, THE HONG KONG GOVERNMENT, IN ACCORDANCE WITH ITS CURRENT POLICIES IN THE MATTER, WILL REFUSE TO SURRENDER THE FUGITIVE UNDER THE PROVISIONS EITHER OF ARTICLE 3 OR ARTICLE 19 OF THE AGREEMENT.
I SHOULD BE GRATEFUL TO RECEIVE A LETTER CONFIRMING YOUR GOVERNMENT'S RECEIPT AND UNDERSTANDING OF THIS COMMUNICATION.
YOURS SINCERELY,
(LEADER OF HONG KONG DELEGATION)
B. LEADER OF THE MALAYSIAN DELEGATION
TO LEADER OF THE HONG KONG DELEGATION
DEAR.
I AM PLEASED TO ACKNOWLEDGE RECEIPT OF YOUR LETTER OF.
CONCERNING THE MANNER IN WHICH THE HONG KONG GOVERNMENT INTENDS TO
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