TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 36

Memorandum by the Government of Hong Kong containing views on Professor Shearer's Paper

(1) Paragraph 12

Though the parent country will generally treat its dependent territories in the same manner under both fugitive offender legislation and international conventions, this need not necessarily be so and therefore it is agreed that it would be desirable to harmonise the two sources

sources of obligation to avoid any possible hiatus (and not merely possible misunderstanding).

(2) Paragraph 14

in one

Though this approach may be described as open-ended sense, it would nonetheless be circumscribed by the double-criminality rule which, it is suggested, would constitute an adequate safeguard.

(3) Paragraph 19

(4)

(5)

a Red

The proposal to give statutory recognition to a Individual Notice as sufficient warrant of itself for a provisional arrest is most strongly supported; the need is particularly great at any international cross-roads, such as Hong Kong, to obviate the need to "bend" rules on deserving occasions.

Paragraph 20

facie

If, to comply with the European Convention on Extradition or otherwise, the United Kingdom Government moved away from the need for a prima case in the context of extradition, what effect (if any) might this have on their position vis-a-vis rendition of fugitive offenders (and what would be the views of other Commonwealth countries towards suggested abrogation of this "golden thread").

Paragraph 43

any

In line 5 of the quotation from Mr Justice Griffiths, the words "that they lead to the surprising conclusion" have been omitted after "it seems to me"; their typographical omission materially alters the thrust of the intended observation!

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