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one of only a few problem points remaining at a later stage there might be room for compromise. Mrs Evans and Mrs Rutherford said that, if so, great attention would be needed in drafting such a list. They wnted to know the HK delegation's views on the qualities of an extraditable offence.
Ms Rutherford said that a particular problem with this list was that it omitted conspiracy, eg "conspiracy to murder".
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Paragraphs (1) & (2) Ms Rutherford wondered what was envisaged by the words "other forms of detention" and "detention" here. The Home Office would wish to be able to secure thereturn of escaped offenders who were the subject of detention under the Mental Health Act, as opposed to conventional prison custody, but the current wording could be open to several interpretations. It could be read as arbitrary non-judicial detention (eg by the Independent Commission against Corruption in HK). Needs more careful drafting.
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Paragraph (3) Ms Rutherford said the more recent Home office extradition agreements require that, in conviction cases, the requesting state provides a statement indicating whether or not the conviction was obtained in the accused's presence. entered a reservation to this effect in ratifying the European Convention, and would like to see a similar requirement here, at least in relation to requests made to the UK. She suggested Article 7 would be the place for this. Miss Brooks agreed, and suggested the addition of a new 7 (c) to this effect. Mrs Evans noted that it would be more usual to extradite someone as an accused than as a convicted person convicted in their absence.
7. Article 3
Ms Rutherford said that it is not UK policy to withhold extradition of our own nationals, and we try wherever possible to persuade others to take the same view. We would not wish to see the first sentence of this Article included. However, we recognise that in many states constitutional or other obstacles prevent others from taking the same line. It is normal practice for those of our arrangements with states who cannot or will not extradite in these circumstances to include a requirement that in these circumstances the requested state considers the exercise of extra-territorial jurisdiction to try the case themselves. Hence that state must take steps to give itself the necessary jurisdiction. At the very least, the Home Office would wish to see such a provision in any UK/HKSAR agreement.
Ms Rutherford felt the second sentence of the Article seemed
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