CONFIDENTIAL
105125
MDLIAN 6471
JURISDICTIONS.
THIS IS AN ATTRACTIVE PROVISION, ALTHOUGH
IT IS THE FACT THAT WE HAVE NEVER TOLD THE CHINESE OF THE LOCUS OF REQUESTING JURISDICTIONS TO CHALLENGE PROCEEDINGS.
MODEL DRAFT AGREEMENT
18.
WE HAVE IDENTIFIED SOME MATTERS WHICH MAY INVOLVE TAMPERING WITH THE MODEL DRAFT IN DUE COURSE. TACTICALLY WE BELIEVE IT WOULD BE COUNTER-PRODUCTIVE TO PRESENT AMENDMENTS AT THIS STAGE TO THE CHINESE SIDE. OPPORTUNITIES TO DISCUSS WILL PRESENT THEMSELVES LATER IN THE CONSULTATION PROCESS ON INITIALLED TEXTS.
19.
THE MATTERS AT PRESENT IDENTIFIED INCLUDE:
(A)
(B)
RE-EXTRADITION: WE THINK IT WOULD BE PRUDENT TO ADD TO ARTICLE 13 OF OUR MODEL A CLAUSE PRECLUDING RE-SURRENDER TO A THIRD JURISDICTION BEFORE CONSENT OF THE REQUESTED JURISDICTION. THIS COULD RELIEVE THE CE OF UNWELCOME PRESSURE FROM THE CPG IN CERTAIN CASES. NEGOTIATING PARTNERS ALSO ARE LIKELY TO BE ANXIOUS ABOUT RE-SURRENDER TO THE MAINLAND AFTER 1997: AND
DOUBLE CRIMINALITY: THIS IS A FEATURE WE WISH TO ENTRENCH WITH A VIEW TO RENDITION WITH PRC: WE NEED TO STUDY FURTHER WHETHER THE EFFECT OF OUR ARTICLE 2(1) INTRODUCTION IS THAT THE HK COURTS WILL VET THE CONDUCT UNDERLYING THE OFFENCE (BOTH IN AN ACCUSATION AND A CONVICTION CASE), AS WE ARE LIKELY TO FOLLOW CJA 1988 S.1(5)(A). WE ALSO NEED TO STUDY RECENT DEVELOPMENTS IN ENGLISH CASE LAW SO FAR AS THESE MAY AFFECT THE DOUBLE CRIMINALITY RULE. WE SHALL
LET YOU HAVE OUR FURTHER THOUGHTS I.D.C.
NEGOTIATING TEAMS
20. WE WOULD WELCOME YOUR VIEWS ON THE COMPOSITION OF THE NEGOTIATING TEAMS FOR BILATERAL AGREEMENTS. WE HAVE NOT YET IDENTIFIED INDIVIDUALS, BUT WE WOULD ENVISAGE THAT THEY WILL BE DRAWN FROM LEGAL DEPARTMENT, GENERAL DUTIES BRANCH AND SECURITY
BRANCH.
WILSON
YYYY
5
PAGE
CONFIDENTIAL
No comments yet.
Private notes are available after approval.