TNAG-1866-FCO40-2650-Future-of-Hong-Kong-legal-issues-1989 — Page 34

Draft

Where any person is returned before 30th June 1997 to Hong Kong by a foreign state in pursuance of an extradition agreement, whether general or

whether general or ad hoc, and that person is still serving a sentence in Hong Kong (after June 30th 1997) resulting directly from that return he shall not, unless he has first been restored or had an opportunity of leaving Hong Kong S.A.R, be triable or tried for any offence committed prior to the surrender in any part of the P.R.C nor shall he be transferred for any reason to any part of the P.R.C [other than] [outside] H.K.S.A.R.,

except that he may be tried in the H.K.S.A.R for

(a)

(b)

(c)

an offence on which his return is grounded or

any offence disclosed by the facts on which his return is grounded or

any other offence in respect of which the foreign state may consent to his being tried.

Note:

Question: I have sought to avoid the situation that the fugitive could be deported or directed to serve his sentence outside H.K.S.A.R by the device of

"nor shall he be transferred for any reason" to

Question: mainland P.R.C.

入

What about a legitimate

rendition request i.e What if after surrender to Hong Kong he escapes, commits a crime against Guangdong Law, but is recaptured in Hong Kong Special Administrative Region?

Aniwer

-

and

Offence is not prior to surrender potential rendition arrangement will not be barred as specialty rule will have been met because the fugitive has availed himself of an opportunity of leaving H.K.S.A.R.