XN000022-1997-03-19 — Page 9

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We have responded positively to the suggestions of the Bills Committee for further refinements to the Bill; the Committee Stage Amendments that I will introduce later reflects this. I shall explain the more significant amendments here.

On the scope of the Bill, the Administration will move an amendment to the definition of "arrangements for the surrender of fugitive offenders" in clause 2(1). The purpose is to permit arrangements to be made for the surrender of a particular person with a jurisdiction with which Hong Kong does not have a bilateral agreement. Such ad hoc arrangements will supplement the system of bilateral agreements for the surrender of fugitive offenders. For practical reasons, the provision of ad hoc surrender in the Bill would increase the number of jurisdictions with which we can cooperate on this important issue. Of course, all the procedures and safeguards in the Bill will apply to such ad hoc surrenders.

On safeguards for the fugitive offenders, the Bill itself already contains provisions to ensure that they are only surrendered for specified, serious offences. The Bill also contains fundamental safeguards to the rights of the affected persons. These safeguards, for example, include rule on the prima facie evidence, double criminality, specialty protection, protection against political offences and resurrender to a third jurisdiction. While members of the Bills Committee are content with these safeguards, they have requested that the death penalty exception should be expressly provided for in the Bill. I wish to stress that even without an express provision in the Bill, the Governor will have to consider the death penalty exceptions in accordance with the provisions in the bilateral agreements which are to be annexed to the order made pursuant to clause 3(1) as subsidiary legislation. Nevertheless, the Administration is prepared to expressly provide the death penalty exception in clause 13 of the Bill in order to address the concerns of the Bills Committee.

On procedural matters, the key amendments that I will propose at Committee Stage are related to the following matters:

First, representation to the Governor by a fugitive. The new provisions of clause 5(3A) and (4A) are added to ensure that a fugitive will be given a chance to be heard, before the Governor makes a decision as to whether or not to consent to his being dealt with by the requesting jurisdiction in respect of offences other than those for which he was surrendered, or before the Governor makes a decision as to whether or not to consent to his being re-surrendered by that jurisdiction to a third jurisdiction.

Secondly, time limit for appeal by the requesting jurisdiction. Clause 11(7) is to be amended to set a clear period of 14 days within which the requesting jurisdiction may institute proceedings to appeal against a decision of the High Court, or the Court of Appeal, to dismiss an appeal by that jurisdiction. Similar amendments will also be made to clause 12(7).