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e) the right to counsel of the accused's own choice (Article
11(2)(b) and Article 11(2)(d));
f) the right to examine witnesses and to call witnesses in
an accused's defence (Article 11(2) (e));
g) the right not to be compelled to testify against oneself
or to confess guilt (Article 11(2) (g);
h) in the event of conviction, the right of appeal to a
higher tribunal (Article 11(e));
3.
The doctrine of specialty will of course be applied in
compliance with Article IV of the Extradition Treaty between
Great Britain and France dated 1876. This means that, in
the absence of consent, Dr Saniman could be charged with
offences based on the conduct alleged in the offences for
which he is returned.
4.
After 1997, by virtue of the Joint Declaration between
the United Kingdom and the PRC signed on 19 December 1984,
for a period of fifty years the laws currently in force
in Hong Kong will remain basically unchanged. The Basic Law
for the Special Administrative Region of Hong Kong
promulgated by the National People's Congress which will
enter into force on 1 July 1997 provides, inter alia, that
in criminal proceedings the principles previously applied in
Hong Kong and the rights previously enjoyed by the parties
shall be maintained.
With the agreement of the PRC, Hong Kong is embarking upon a
programme of enacting local legislation including negotiating
treaties to ensure that specialty protection continues to
apply after 1997.