TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 199

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

DSR 11C

5 It is acknowledged that the abolition of the

prima facie case requirement requires a greater

trust in the requesting State but it is clear that I behreen,

onger other European countries the European

amonper

Convention on Extradition (which has no prima facie

case requirement) has worked well for nearly

thirty years.

7.

On the hand

6

Lether

Other European countries have experienced

(in exhaditing Mugitives from the United Kingdom and this considerable problems in meeting the prima facie

rob.

case requirement because of the incompatibility

between our common law system and their civil

law-systeme. If the requirement is removed,

has been

largely due

to

we would expect to accede to the European Convention

on Extradition and for our extradition procedures

with the rest of Europe to work considerably more Smoothly

easy. In the case of

In the case of other countries with whom

we have extradition treaties which are more or less

moribund, we propose to review all those treaties

following the passage of the legislation and in

many cases to terminate the treaty and in

future deal with any future extradition requests

(those

from from countries on an ad hoc basis with a treaty.

untri

It is intended taht the prima facie requirement

would still apply to any ad hoc arrangements.

I hope this answers the

let and in

сел

us

know if you

query

you

celte. Please

if you need the clarification.

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