XN000022-1993-11-15 — Page 6

5-

MONDAY, NOVEMBER 15, 1993

HK AND AUSTRALIA SIGN AGREEMENT ON

SURRENDER OF FUGITIVE OFFENDERS

THE

HONG KONG AND AUSTRALIA TODAY (MONDAY) SIGNED AN AGREEMENT SURRENDER OF ACCUSED AND CONVICTED PERSONS THAT WILL REMAIN FORCE AFTER 1997.

THIS IS THE THIRD AGREEMENT THAT HONG KONG HAS SIGNED IN IMPORTANT AREA OF CO-OPERATION AGAINST INTERNATIONAL CRIME.

THE FIRST ONE WAS SIGNED WITH THE NETHERLANDS; THE SECOND CANADA. MORE AGREEMENTS ARE BEING NEGOTIATED.

ON

IN

THIS

WITH

THE AGREEMENT LAYS DOWN THE FRAMEWORK WITHIN WHICH HONG KONG AND AUSTRALIA WILL SURRENDER ACCUSED AND CONVICTED PERSONS BOTH BEFORE AND AFTER 1997.

SIGNING THE AGREEMENT ON BEHALF OF THE HONG KONG GOVERNMENT WAS SECRETARY FOR SECURITY, MR ALISTAIR ASPREY. THE SPECIAL MINISTER OF STATE, MR FRANK WALKER, SIGNED ON BEHALF OF AUSTRALIA.

MR ASPREY SAID THE PRESENT ARRANGEMENT FOR THE RETURN OF ACCUSED AND CONVICTED PERSONS BETWEEN HONG KONG AND AUSTRALIA WAS COVERED BY THE COMMONWEALTH SCHEME.

THE

BRITISH AND

SURRENDER OF

"HOWEVER, THAT SCHEME WILL LAPSE BY 1997. CHINESE GOVERNMENTS HAVE THEREFORE AGREED THAT HONG KONG SHOULD NEGOTIATE A NEW NETWORK OF BILATERAL AGREEMENTS ON THE FUGITIVE OFFENDERS THAT WILL SURVIVE 1997."

THE NEW AGREEMENT SIGNIFIES THE SHARED COMMITMENT OF HONG KONG AND AUSTRALIA TO COMBATING INTERNATIONAL CRIME. IT ALSO CONTRIBUTES TO HONG KONG'S IMAGE AS A PLACE WHERE THE RULE OF LAW PREVAILS.

THE AGREEMENT CONTAINS ALL THE SAFEGUARDS THAT ARE FOUND IN OTHER SIMILAR INTERNATIONAL AGREEMENTS. THESE INCLUDE:

*

THE DOUBLE CRIMINALITY RULE: THE ACT IN RESPECT OF WHICH AN ACCUSED OR CONVICTED PERSON IS REQUESTED MUST CONSTITUTE A CRIME IN BOTH JURISDICTIONS;

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

THE SPECIALTY RULE: A RETURNED PERSON SHOULD NOT BE TRIED FOR OFFENCES OTHER THAN THOSE FOR WHICH HE WAS SURRENDERED;

* THE POLITICAL OFFENCE RULE: RETURN SHALL BE REFUSED IF THE

OFFENCE IN QUESTION IS A POLITICAL OFFENCE.

THE AGREEMENT WILL COME INTO FORCE AFTER THE ENACTMENT OF A NEW FUGITIVE OFFENDERS ORDINANCE WHICH WILL PROVIDE THE NECESSARY

LEGISLATIVE BACKING.

/CONSULTATION WITH