TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 120

CONFIDENTIAL

布政司署

香港下亞厘畢道

本署檔號 Our Ref.:

SCR 1/2716/80.

來函檔號 Your Ref.:

DIEU

Security Branch, 6/F,

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD HONG KONG

@

surely

we

trust?

Mr. C.T. Wood,

Mr Cannar

Hong Kong Department, FCO.

Pl. dig

dig

text

and

Daw Chis

copy

24 February 1989.

out the most up-to-date

prior to this,

we

had

both to

2

Mr Edwards

seeking his views. Maybe should meet you?

ергр

Surrender of Fugitive Offenders:

Draft Model Agreement

we

I enclose a copy of the model agreement,

revised to take into account changes so far agreed during talks with the Chinese side.

You will recall from our Telno. 478 that

we believe the model agreement will have to be changed in certain regards in due course, not only in consequence of normal negotiations with prospective contracting parties, but also as a result of some matters we have already identified.

We note that, for some reason, the copy

of the Commonwealth Scheme which we have handed to the Chinese contained the 1983, but not the 1986 amendments. We would be grateful for your views as to whether we should put this right.

Amongst the further matters we may wish to (re)consider in due course are the following:

(i)

whether Clause 10(3)(d) of the amended Scheme ("any other sufficient cause") is a phrase to be inserted in Article 14 of the model agreement; and

(ii) a suggestion that as the law now stands

extradition may in the absence of express statutory or treaty provision now lie even though the criminal offences are connected with revenue law, so that the requesting jurisdiction might be assisting enforcement of the revenue laws of the other country.

CONFIDENTIAL

/On

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