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relations of which the United Kingdom is responsible and to
which the Treaty shall have been extended by agreement between the Contracting Parties embodied in an exchange of notes...............
(3)
You might like to consider whether the agreemert should cover crimes committed before the treaty comes into operation. The following
provision is contained in Article XVI(2) of the main USA treaty:
"(2) This Treaty shall apply to any offence listed in the
annexed Schedule committed before or after this Treaty enters
into force, provided that extradition shall not be granted for
an offence committed before this Treaty enters into force
which was not an offence under the laws of both Contracting
Parties at the time of its commission",
(4)
I am not sure whether Article I of the Model Treaty deals with
extradition in respect of extra-territorial offences. If it does
not, you might like to consider whether extra-territorial offences
should be included.
(5)
I note that under Article 7(3) of the Model Treaty a prima facie
case is required. If the agreement is to be deemed to be with China
or if Hong Kong is to be a "foreign state" for the purposes of the
1989 Act you might consider whether this provision should be dropped.
(0)
Article 14 of the Model Treaty provides, inter alia, that on return
a fugitive offender may be prosecuted in respect of "any lesser
offence however described disclosed by the facts in respect of which
his return was ordered" (my underlining).
I appreciate this wording
follows the wording of section 19(2)(11) of the 1989 Act and section
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