XN000022-1995-01-11 — Page 2

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Agreement on surrender of fugitive offenders signed

An agreement on the Surrender of Fugitive Offenders which will remain in force after 1997 was signed between Hong Kong and Malaysia today (Wednesday).

This is the fourth Agreement which Hong Kong has signed in this important area of co-operation against international crime. The first agreement was signed with the Netherlands; the second with Canada and the third with Australia.

The Agreement sets out the conditions for the surrender of fugitive offenders between the two places both before and after 1997.

Signing the Agreement on behalf of the Hong Kong Government was Secretary for Security, Mr Alistair Asprey. The Commissioner of Malaysia, Mr Mohamad Khalis, signed on behalf of Malaysia.

Mr Asprey noted that Hong Kong's present 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.

"However, these arrangements cannot continue in their present form beyond 1997. The British and the Chinese Government have therefore agreed that Hong Kong should negotiate a new network of bilateral agreements on the surrender of fugitive offenders that will survive 1997," he said.

The new Agreement signifies the shared commitment of Hong Kong and Malaysia to combatting international crime. It also contributes to Hong Kong's reputation as a place where the rule of law prevails.

The Agreement contains all the safeguards which are found in other similar international agreements. These include:

the double criminality rule: 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;

the prima facie rule: there must be a prima facie case against a person whose return is requested;