XN000022-1992-11-02 — Page 12

MONDAY, NOVEMBER 2, 1992

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MR ASPREY NOTED THAT HONG KONG'S EXISTING ARRANGEMENTS FOR THE SURRENDER OF FUGITIVE OFFENDERS WERE BASED ON BILATERAL TREATIES BETWEEN BRITAIN AND FOREIGN COUNTRIES AND A SET OF ARRANGEMENTS WITH COMMONWEALTH COUNTRIES, BOTH OF WHICH THE UNITED KINGDOM HAD EXTENDED TO HONG KONG.

BUT THESE ARRANGEMENTS CANNOT CONTINUE IN THEIR PRESENT FORM BEYOND 1997.

"IT

IS IMPORTANT, THEREFORE, THAT HONG KONG SHOULD HAVE AN EFFECTIVE NETWORK OF ARRANGEMENTS WITH OTHER JURISDICTIONS WHICH WILL ENDURE BEYOND 1997.

"SUCH

ARRANGEMENTS WILL ASSIST IN MAINTAINING HONG KONG'S STANDING AS A MAJOR INTERNATIONAL COMMERCIAL AND FINANCIAL CENTRE WHERE THE RULE OF LAW PREVAILS, MR ASPREY SAID.

THE BRITISH AND CHINESE GOVERNMENTS HAVE THEREFORE AGREED IN THE JOINT LIAISON GROUP THAT THE EXISTING ARRANGEMENTS SHOULD BE REPLACED BY BINDING BILATERAL INTERNATIONAL AGREEMENTS WHICH WILL CONTINUE IN FORCE AFTER 1997.

THEY HAVE AGREED ON A MODEL AGREEMENT ON THE BASIS OF WHICH HONG KONG CAN NEGOTIATE AND CONCLUDE AGREEMENTS ON THE SURRENDER OF FUGITIVE OFFENDERS WITH OTHER COUNTRIES.

ARB

THE AGREEMENT WITH THE NETHERLANDS CONTAINS SAFEGUARDS WHICH NORMALLY FOUND IN AGREEMENTS GOVERNING THE SURRENDER OF FUGITIVE

OFFENDERS:

SIDE

* DOUBLE CRIMINALITY RULE: THE ACT IN RESPECT OF WHICH A FUGITIVE'S RETURN IS REQUESTED MUST CONSTITUTE A CRIME

BOTH JURISDICTIONS AT THE TIME IT WAS COMMITTED;

*

THE IN

IN

THE PRIMA FACIE RULE: THERE MUST BE A PRIMA FACIE CASE AGAINST A PERSON WHOSE RETURN IS REQUESTED;

SPECIALITY RULE:A RETURNED FUGITIVE SHOULD NOT BE TRIED FOR OFFENCES OTHER THAN THOSE FOR WHICH HE WAS SURRENDERED; AND

THE POLITICAL OFFENCES RULE: RETURN MAY BE REFUSED IF THE OFFENCE IN QUESTION IS A POLITICAL OFFENCE.

NEGOTIATED AGREEMENT HAS BEEN DISCUSSED WITH THE CHINESE THE JOINT LIAISON GROUP.

MR ASPREY TODAY EXPRESSED AUTHORITIES FOR GIVING IT CAREFUL

THEIR SUPPORT.

HIS GRATITUDE TO THE CHINESE CONSIDERATION AND FOR GIVING IT

THE AGREEMENT WILL COME INTO FORCE AFTER THE ENACTMENT IN HONG KONG OF A NEW FUGITIVE OFFENDERS ORDINANCE TO PROVIDE LEGISLATIVE BACKING FOR IT.

IT IS HOPED THAT, FOLLOWING CONSULTATION IN THE JOINT LIAISON GROUP, THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL EARLY NEXT YEAR.

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