CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1297
CONFIDENTIAL
HKC 384/1
OF 300346Z APRIL 91
INFO PRIORITY PEKING
RGR
Ru
CAMENDED DISTRIBUTION 20/4)
INFO ROUTINE THE HAGUE, UKREP JLG HONG KONG
2/5
154045
MDLIAN 7121
TOP COPY Q DK r?
HONG KONG NETHERLANDS AGREEMENT ON THE SURRENDER OF FUGITIVE
OFFENDERS: NEGOTIATIONS 22 -26 APRIL 1991.
SUMMARY
pw bekind.
himte to
ded Barrett
fa
1. THE TWO DELEGATIONS INITIALLED TEXT OF DRAFT AGREEMENT. ALL
IMPORTANT SAFEGUARDS IN MODEL AGREEMENT RETAINED INCLUDING LIST OF OFFENCES, DOUBLE CRIMINALITY, SPECIALTY AND PRIMA FACIE RULE. A NO RESURRENDER CLAUSE INCLUDED AT DUTCH INSISTENCE.
DETAIL
2. THE DUTCH WERE AT PAINS TO ASSERT THAT THE AGREEMENT WAS
BETWEEN TWO PARTIES ADHERING TO SIMILAR INTERNATIONALLY ACCEPTED STANDARDS OF JUSTICE. WITH 1997 IN MIND THEY REQUIRED A PARAGRAPH REFLECTING THIS, TAKEN FROM THE UN MODEL EXTRADITION AGREEMENT, AND WHICH HAS BEEN INSERTED IN THE PREAMBLE.
3. A MAJOR CONCERN FOR THE DUTCH WAS THAT PERSONS SURRENDERED TO HONG KONG SHOULD NOT SUBSEQUENTLY BE REMOVED, DEPORTED OR RENDITED TO CHINA, WITH ITS TOTALLY DIFFERENT JUDICIAL SYSTEM AND STANDARDS OF JUSTICE, FOR OFFENCES COMMITTED PRIOR TO THE SURRENDER WITHOUT THEIR CONSENT. THEY THUS INSISTED ON A NO RESURRENDER CLAUSE. THEY ALSO INSISTED THAT, WHERE OTHER OBLIGATIONS OF THEIRS UNDER INTERNATIONAL LAW MIGHT BE BREACHED, THEY SHOULD HAVE THE RIGHT TO REFUSE SURRENDER. THEY HAD IN MIND PRC BELONGERS WHO, ON THE COMPLETION OF THEIR SENTENCE IN HONG KONG, MIGHT SUBSEQUENTLY BE DEPORTED TO PRC WHERE THEY COULD BE DEALT WITH FURTHER. A SUITABLE PROVISION WAS AGREED.
4. THE OTHER MAIN POINTS ARISING ARE SUMMARISED IN THE FOLLOWING
PARAGRAPHS.
LIST OF OFFENCES
5. THE FOLLOWING OFFENCES HAVE BEEN ADDED TO ARTICLE 2:
(A) UNDER (VII), TAKING A HOSTAGE AND TRAFFICKING OR DEALING IN
PAGE
1
CONFIDENTIAL
J.
Page 105Page 106
No comments yet.
Private notes are available after approval.