TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 94

000 GOVT HOUSE HK

89 4-14 11:52

CONFIDENTIAL

機密

PAGE OS

had been referred to the CPG.

on specific provisions

legislation

bilateral

While we will wish to reflect

in the overall context OE the

in negotiating

view is that there

when drafted and of progress

agreements, our preliminary

should be no difficulty in giving práccical effect to the

concern of the Chinese side. We have in mind a provision in

legislation that:

(i)

surrender shall not be unlawful solely on the

grounds that in the appropriate class of case

the CE acted in accordance with instructions;

and

(11)

a certificate issued by the CE stating that the

case falls within the appropriate class shall

be conclusive evidence as to that fact,

Nationality

5.

The British side have given further thought to the

question of an appropriate provision in the agreement, should

any negotiating partner insist that n agreement should

contain a provision providing for discretion in the surrender

of its own nationals. In such circumstances the British side

propose that the following formula should be used: