9 December 1993
INTXY
REC.
SEC 1993
Foreign & Commonwealth
Office
De
13/12
London SWIA 2AH
Miss Rutherford
Home Office
Queen Anne's Gate
London SW1H 9AT
Dear Alison
Telephone: 071-
UK/HK SURRENDER OF FUGITIVE OFFENDERS AGREEMENT
1. We spoke this lunchtime about two amendments which I was proposing to make to the draft Negotiating Brief which I sent to you and others for comments.
2. At point 4 (Article 2, paragraph 1) I had set out our problems with the list approach in the Hong Kong model text. What I had omitted to do, however, was to put in the proposal that we would make in its place. I suggest a new paragraph which would go underneath the General Comment reading as follows:
"UK to propose as alternative that surrender of fugitive offenders would be granted for conduct constituting an offence punishable with imprisonment for a year or any greater penalty under the law of both Parties.".
It occurs to me that this would be a good place to propose any language we may want to put forward on extraterritorial offences. Accordingly, a new draft Article 2, paragraph 1 is suggested below which also takes account of the
extraterritorial point. It is based on the language in the Extradition Act 1989, section 2.
"(1) Surrender of fugitive offenders shall be granted in
respect of conduct constituting an offence, including an extraterritorial offence, which is punishable with imprisonment for one year or any greater penalty under the law of both Parties, except that in the case of an extraterritorial offence, it is additionally required that:
a) it is an extraterritorial offence against the
law of the Requesting Party which is punishable under that law with imprisonment for one year or any greater penalty,
b) the conduct constituting the offence occurred outside the territory of the Requested Party, and
c) the Requesting Party bases its jurisdiction on
the nationality of the offender".
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