TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 109

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28

Ты в вое

F.H.Brown, Esq

Nationality and Treaty Department Foreign and Commonwealth Office Clive House

Petty France, SW1

Your reference

GNX 384/3/380

Our reference

XTN/77 2/36/1

Date

6 August 1982

Dea

Frank

C4 1/4

ANGLO- DANISH EXTRADITION TREATY

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You asked for my views on the comments made by the Hong Kong authorities in the telegram number 826 of 29 July.

The death penalty provision in Article 3(4) is based on Article 11 of the European Convention on Extradition and such provision is now common to our extradition arrangements (see in particular Article 3(4) of the Treaties with Finland and Sweden) and there is a death penalty provision in different form in section 9 of the Fugitive Offenders Act 1967. We do not know what assurances the Danes would require but some countries recognise that, on constitutional grounds, the executive cannot give any assurance other than an undertaking to recommend that the death penalty be commuted.

The limitation of the period for provisional arrest in Article 9(2) to 30 days is a consequence of section 19 of the Danish Extradition Law which specifies this limit, although it provides in special cases for the court to extend the time. It may be possible to negotiate a special arrangement for Hong Kong and the other dependencies but if the problem is really one of communication, ie the time it takes to send papers, it might be better to place a gloss on Article 19 and provide for requests to be transmitted through the FCO or the Danish Consul in Hong Kong. It should be pointed out that the new Treaty will be an improvement on the old one which sets at Article 4 a 15 day limit on provisional arrest and makes no special provision for overseas territories.

I hope that if you decide to pursue with the Danes any discussions will not be allowed to delay signature of the Treaty but will form the basis for a exchange of notes at a subsequent date.

Your

incerely

ofort Hi

M.J. Hill