TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 50

RETURN OR DISCHARGE BY EXECUTIVE AUTHORITY (CLAUSE 6)

DISCHARGE BY JUDICIAL AUTHORITY (CLAUSE 7)

32.

These provisions in the Scheme provide for the competent

executive authority to order return, if it is not precluded by law,

after the expiry of 15 days from the date of the committal and for

discharge by the courts if the fugitive offender has not been returned

within 2 months from committal or one month from the date of the order

for return.

33. Professor Shearer finds that these clauses do not require change.

UK POSITION

34. These provisions are implemented by Sections 9 and 10 of the 1967 Act.

Section 9(1) permits the Secretary of State in a wholly exceptional

case, where circumstances arise which lie outside the scope of any of

the specific prohibitions and discretions that are considered to

justify the refusal or deferment of surrender, to exercise a residual

discretion in the fugitive's favour. This discretion has been

exercised on only one occasion under the provisions of this Act: this

was in the case of Delia whose extradition was sought by Malta.

LINE TO TAKE

35. We agree with Professor Shearer that these clauses are straightforward

and that they have caused no particular difficulties.

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