THURSDAY, JULY 16, 1992
7
S FOR S ON SURRENDER OF FUGITIVE OFFENDERS
*
MR DEPUTY PRESIDENT,
I HAVE LISTENED CAREFULLY TO THE POINTS MADE BY MEMBERS THIS EVENING. I AM GRATEFUL FOR THE OPPORTUNITY TO OUTLINE THE GOVERNMENT'S POSITION ON THIS IMPORTANT SUBJECT.
NOT
IT IS IN THE INTERESTS OF ALL COMMUNITIES THAT OFFENDERS SHOULD BE ALLOWED TO ESCAPE JUSTICE SIMPLY BY CROSSING BORDERS. IT IS THEREFORE IMPORTANT THAT HONG KONG SHOULD RETAIN AFTER 1997 EFFECTIVE ARRANGEMENTS WITH OTHER COUNTRIES AND TERRITORIES FOR THE SURRENDER OF FUGITIVE OFFENDERS. SUCH ARRANGEMENTS WILL HELP то MAINTAIN HONG KONG'S STANDING AS A MAJOR INTERNATIONAL COMMERCIAL AND FINANCIAL CENTRE IN WHICH THE RULE OF LAW PREVAILS AND IN WHICH IT IS SAFE ΤΟ LIVE AND TO WORK.
HONG KONG'S EXISTING ARRANGEMENTS FOR THE SURRENDER OF OFFENDERS ARE BASED ON BILATERAL TREATIES WITH MORE THAN 40 FOREIGN COUNTRIES WHICH THE UNITED KINGDOM HAS APPLIED TO HONG KONG, AND ON A NETWORK OF ARRANGEMENTS WITH COMMONWEALTH COUNTRIES UNDER UNITED KINGDOM LEGISLATION WHICH HAS ALSO BEEN EXTENDED TO HONG KONG.
THESE ARRANGEMENTS CANNOT CONTINUE IN THEIR PRESENT FORM BEYOND 1997. THE BRITISH AND CHINESE GOVERNMENTS HAVE THEREFORE AGREED IN THE JOINT LIAISON GROUP THAT THEY SHOULD BE REPLACED BY BILATERAL AGREEMENTS WHICH WILL CONTINUE IN EFFECT BEYOND 1997. BOTH SIDES HAVE ALSO AGREED A MODEL AGREEMENT, ON THE BASIS OF WHICH HONG KONG SHOULD NEGOTIATE AND CONCLUDE AGREEMENTS WITH OTHER COUNTRIES.
WE INTEND INITIALLY TO CONCENTRATE ON AGREEMENTS WITH THOSE COUNTRIES WITH WHICH WE CURRENTLY HAVE AGREEMENTS THROUGH THE UNITED KINGDOM; WITH WHICH THERE ARE SUBSTANTIAL AND REGULAR COMMERCIAL AND IMMIGRATION LINKS: AND WHICH HAVE LEGAL AND JUDICIAL SYSTEMS COMPATIBLE WITH THOSE IN HONG KONG, WE HAVE SO FAR INITIALLED AGREEMENTS WITH FOUR COUNTRIES: THE NETHERLANDS, CANADA, AUSTRALIA AND MALAYSIA. WE ARE CONTINUING DISCUSSIONS WITH THE UNITED STATES, AND WE HOPE TO OPEN DISCUSSIONS WITH OTHER COUNTRIES SHORTLY. I BELIEVE WE HAVE MADE VERY GOOD PROGRESS.
WE WILL NEED TO ENACT LOCAL LEGISLATION TO GIVE EFFECT TO THESE AGREEMENTS. I HOPE TO INTRODUCE LEGISLATION INTO THIS COUNCIL EARLY NEXT YEAR. THIS LEGISLATION WILL INCLUDE THE SAFEGUARDS WHICH MR TO HAS MENTIONED WHICH ARE NORMALLY FOUND IN EXTRADITION AGREEMENTS GOVERNING THE SURRENDER OF FUGITIVE OFFENDERS. THESE INCLUDE:
{1} THE DOUBLE CRIMINALITY RULE, THAT IS THE ACT IN RESPECT OF WHICH A FUGITIVE'S RETURN IS REQUESTED MUST CONSTITUTE A CRIME IN BOTH JURISDICTIONS AT THE TIME IT WAS COMMITTED;
(2)
THE PRIMA FACIE RULE, THAT IS THERE IS A PRIMA FACIE CASE AGAINST A PERSON WHOSE RETURN IS REQUESTED;
/(3) THE SPECIALITY