1
STS 845/93
HONG KONG/GERMANY AGREEMENT FOR THE SURRENDER OF FUGITIVE
OFFENDERS
Comparison of the English and German texts:
Title:
The precedence of the two Governments should be reversed in the
German text, i.e. "[DER REGIERUNG] DER BUNDESREPUPLIK
DEUTSCHLAND" should come first.
Preamble:
Same comment applies as for title.
Article 2(1)
In general, it is unrealistic to compare the translation of
specific offences which may not have precise equivalents in the two legal systems, but where differences are apparent, these are pointed out below, including with reference to
the UK/FRG Extradition Agreement as an appropriate precedent.
(ii)
(v)
G: "Körperverletzung" = "causing bodily harm", does not have any of the explicit qualifications and distinctions present in the E, e.g. notions of intent, grievous,
actual, etc., though these may well be implicit in the German term. Article III(4) of the the UK/FRG Agreement on
the Extradition of Fugitive Criminals (q.v.), however, uses
"vorsätzliche Körperverletzung" [= "intentionally causing bodily harm"] to cover the corresponding offences.
G = "sexual coercion". It is worth noting that in Article
III(6) of the UK/FRG Agreement on the Extradition of
Fugitive Criminals, the same offence is rendered as
"Vornahme unzüchtiger Handlungen unter Androhung oder
Anwendung von Gewalt" [="commission of indecent acts with