THAT THE PACKAGE WE HAD PUT TOGETHER WOULD BE ACCEPTABLE TO MY AUTHORITIES AND TO THE CHINESE SIDE, IT WAS POSSIBLE THAT I WOULD HAVE TO COME BACK TO THEM ON IT. THEY UNDERSTOOD, AND EMPHASISED THAT THE PACKAGE WOULD HAVE TO GO TO THEIR CABINET FOR APPROVAL.
THE TWO DELEGATIONS THEN DISCUSSED AND SETTLED THE REMAINING PROVISIONS OF THE DRAFT AGREEMENTS AS IT STOOD AT THE END OF OUR FIRST ROUND (TUR). THE PRINCIPAL POINTS WERE:
B.
LIST OF OFFENCES
APART FROM TECHNICAL CHANGES TO REFLECT THE MALAYSIAN PENAL CODE, THE LIST REMAINS CLOSE TO THE MODEL AGREEMENT.
8.
C-
9.
RESTRICTIONS ON SURRENDER
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.
D.
SURRENDER BY CONSENT
10.
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.
E. RIGHT TO INSTRUCT
11. 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 RESPONSIBILITY OF THE PRC WOULD BE SIGNIFICANTLY AFFECTED MUST BE REFLECTED IN THE AGREEMENT. ACCORDINGLY, WE HAVE DRAFTED A SUITABLE PROVISION AND INCLUDED IT AS ONE OF THE CIRCUMSTANCES IN WHICH SURRENDER MAY BE REFUSED.
!
COMMENT
12.
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 (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 AGREEMENTS 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 AND IS, I BELIEVE, MORE THAN SUFFICIENT. IF BOTH SIDES ARE ABLE TO CONFIRM THEIR AGREEMENT THE WAY WOULD NOW APPEAR TO BE OPEN TO US TO GO FOR SIMILAR ARRANGEMENTS WITH SINGAPORE AND THAILAND IN DUE COURSE.
COPIES OF INITIALLED AGREEMENTS AND TEXT OF EXCHANGE OF LETTERS ARE BEING FAXED TO THE DEPARTMENTS.
14.
15. I WAS ABLE TO SEE THE MALAYSIAN ATTORNEY-GENERAL THIS MORNING. WE SPENT HALF AN HOUR OR SO DISCUSSING THIS. HE SAID THAT HE WAS PERSONALLY SUPPORTIVE OF THE PACKAGE WE HAD WORKED OUT BUT WOULD HAVE TO PERSUADE THE CABINET TO ACCEPT IT. IN PARTICULAR, HE SAID, THE PRIME MINISTER HAD STRONG VIEWS ON THE DEATH PENALTY AND