TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 92

Saving Telegram

UNCLASSIFIED

GNX 384/3/380

To Governor of Hong Kong

1.

Your telegram number 826 or 29 July.

2.

Revised extradition treaty with Denmark.

3.

Your paragraph 3. The death penalty provision in Article 3(4)

of the revised treaty is based on Article 11 of the European

Convention on Extradition and such provision is now common

extradition arrangements; there is a death penalty provision in

different form in section 9(4) 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.

4. Your paragraph 4. 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. The

Lets new treaty will be an improvement on the old one which states at

Article 4 a 15 day limit on provisional arrest. Since it has been

difficult to bring the negotiations for this įtreaty revision to the

cetidempt point of signature we are reluctant to admit to negotiate an

amendment at this late stage, particularly as it would seem to he

caydinys precluded by the Danish extradition law. Rather than admit to

negotiate a special arrangement, it might be possible to reduce tka

UNCLASSIFIED

/communication