"4) The person sought shall not be surrendered until:
a) it has been decided in accordance with the law of
the Requested Party that he is liable to be surrendered;
b) the expiration of any further period which may
be required by the law of the Requested Party.".
Article 6
10)
UK to propose addition of a new paragraph b) on military law with consequential relettering of present paragraphs b) and c). New paragraph b) would read:
"b) that the offence of which that person is accused or
was convicted is an offence under military law which is not also an offence under the general criminal law; or"
In addition, "or" would be added at the end of paragraph a) after the semi-colon.
Article 7
11)
Paragraph 1
UK to propose that paragraph 1) is revised to read:
""The request for surrender of a fugitive offender shall be made by the Requesting Party through the appropriate channel. The channel to be used for making requests to it shall be [notified] [stipulated] by each Contracting Party to the other at the time of entry into force of this agreement.".
This provision which would apply to both parties, not just to Hong Kong, is required because, in order to satisfy the requirements of the Extradition Act 1989, requests from Hong Kong to the UK would need to be submitted through the diplomatic channel.
[Home Office - please prepare fall back. HK is unlikely to want to send extradition requests via the Chinese diplomatic channel to the UK. HK will have no diplomatic channel of its own. It will have to rely on the Chinese MFA to pass requests to the British Embassy in Peking to transmit to London].
Paragraph 3
12)
UK to inform HK that UK would not insist that the full prima facie evidence must accompany the initial request, although it would have to be received within a period of time specified by the magistrate, following receipt of the original request and the issue by the Secretary of State of an authority to proceed so that committal proceedings may be held. Articles 9(1) and 12 (1) are sufficient for our purposes.