GF 323
CONFIDENTIAL
機密
Annex E
Assistance Schemes between
Hong Kong and Other Commonwealth Jurisdiction
Commonwealth Fugitive Offenders Scheme
This scheme governs the return of a person from one part of the Commonwealth, in which that person is found, to another part where that person is accused of an offence.
Returnable offences are those which are punishable in both parts of the Commonwealth by a sentence of at least 2 years imprisonment. The scheme also provides for the return of escaped prisoners. The advantage of the scheme is that it applies to many countries and therefore precludes the need for separate negotiations with individual countries.
It provides for the rendition of fugitive offenders without the necessity for full extradition proceedings. There is no alternative but to transform this scheme by bilateral arrangements made between HK and other countries which are capable of continuing after 1997. With the Chinese side's agreement on the model text of the bilateral agreement on Surrender of Fugitive Offenders, the Hong Kong Government has already started negotiations with relevant countries.
Reciprocal Enforcement of Judgements
2.
The enforcement of judgements of foreign and Commonwealth countries is dealt with under the Foreign Judgements (Reciprocal Enforcement) Ordinance, Cap. 319. Judgements are enforced with Commonwealth countries on the basis of reciprocity. With non-Commonwealth countries, judgements are enforced by virtue of United Kingdom bilateral agreements with those countries applied to Hong Kong. The existing reciprocal arrangements will have to be replaced by Hong Kong's own bilateral agreemens with relevant countries. We plan to consult the Chinese side in due course on the model agreement which will be used as a basis for future negotiations of bilateral agreements.
Grants of Administration in Deceased Estates
3•
Part
IV of the Probate and Administration Ordinance, Cap. 10, provides that where a court of probate in any part of the Commonwealth has granted probate or letters of administration, these may, on production in Hong Kong, be sealed here. The effect of this is to enable the estate in Hong Kong to be distributed. Consideration will have to be given as to whether this sealing arrangement should continue with reciprocity or not. Presumably the Commonwealth countries concerned will have to be consulted.
JL-161
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