TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 108

GR 150

UNCLASSIFIED

FM HONG KONG 291809Z JUL 82

TO PRIORITY FCO

TELEGRAM NUMBER 826 OF 29 JULY

REVISED EXTRADITION TREATY WITH DENMARK

GNX384/3/380-3

30JUL 2

Ince

REFERENCE SECRETARY OF STATE'S DESPATCH GNX 384/3/380 OF 23 APRIL

1982

2. THE PROPOSED REVISION IS GENERALLY ACCEPTABLE TO HONG KONG, BUT

THERE IS ONE POINT YOU SHOULD NOTE AND ONE AMENDMENT WHICH WE

WOULD SEEK.

3. THERE IS A THEORETICAL POSSIBILITY OF A PERSON ACCUSED IN HONG KONG OF MURDER TAKING REFUGE IN DENMARK AND THE DANES EXERCISING THEIR DISCRETION TO REFUSE EXTRADITION WITH AN ASSURANCE THAT THE DEATH PENALTY WOULD NOT BE IMPOSED. THIS WOULD FORCE US TO GIVE

AN ASSURANCE OF COMMUTATION IN THE EVENT OF A CONVICTION OF MURDER, WHICH MIGHT CAUSE US PRESENTATIONAL PROBLEMS IF IT BECAME

PUBLIC.

.4. AS REGARDS THE AMENDMENT WE WOULD LIKE, IT IS TO ARTICLE IX(2).

THE PROVISIONAL ARREST PERIOD OF 30 DAYS MIGHT NOT BE ADEQUATE FOR

COMMUNICATION BETWEEN HONG KONG AND DENMARK, GIVEN THAT

OUR EXTRADITION CASES ARE FREQUENTLY COMPLEX COMMERICAL CRIME

ASES. WE WOULD PREFER 60 DAYS, FOR WHICH WE BELIEVE THERE TO BE PRECEDENTS IN OTHER TREATIES.

HADDON-CAVE

MINIMAL HRSD WED NTD

THIS TELEGRAM WAS NOT ADVANCED

16

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