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(b)
(c)
The provision of ad hoc surrender in the Bill would increase the number of jurisdictions with which we can cooperate on surrender of fugitive offenders. First, it would enable us to bridge a gap on surrender of fugitive offenders immediately after the handover and before the comprehensive network of agreements is in place. It will enable action to be taken on requests by any jurisdictions, in particular those with which we have signed agreements but which are not yet ratified, and those with which we at present have arrangements for surrender of fugitive offenders but are not able to conclude agreements before the handover. Secondly, many jurisdictions do not require the existence of an agreement and are prepared to extradite if they receive assurances that the requesting jurisdiction is able to reciprocate. Examples are Australia, Switzerland, Brazil, Republic of Ireland, and the Scandinavian countries. If Hong Kong were to request surrender from such a jurisdiction, it would be in a position to give an assurance of reciprocity based on its capacity to grant ad hoc surrender. For practical proposes therefore the number of jurisdictions from which Hong Kong could request surrender will be increased.
An agreement between the Hong Kong Special Administrative Region (HKSAR) and the UK cannot enter into force whilst Hong Kong is still part of the UK. However, we recognise the importance to the HKSAR of having an agreement in place with the UK on this important subject as soon as possible after 30 June 1997. We are confident that we can achieve that as we have made good progress in our negotiations with the UK. Once an agreed text is settled with the UK, we will then proceed with the necessary consultations in the JLG.
We are not aware that having extradition arrangements is a pre-condition for any country before visa-free status for BNO and/or SAR passport holders can be considered.
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