TNAG-2335-FCO40-3399-Extradition-agreement-between-Hong-Kong-and-the-Netherlands-1991 — Page 135

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EXTRADITION NEGOTIATIONS : HONG KONG/NETHERLANDS

SUMMARY

Mr Fifoot

Ms Barrett Mr Burns.

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PM 2011.

1. CONSTRUCTIVE FIRST ROUND OF TALKS HELD WITH THE DUTCH ON 24 JANUARY. OUTLINED BACKGROUND TO OUR PROPOSAL FOR BILATERAL EXTRADITION AGREEMENT. REVIEWED ARTICLES OF HONG KONG MODEL BILATERAL AGREEMENT. DUTCH WELL BRIEFED AND ASKED A NUMBER OF QUESTIONS. I DO NOT ENVISAGE ANY MAJOR DIFFICULTIES IN SECURING AGREEMENT IN DUE COURSE. FURTHER ROUND OF TALKS TENTATIVELY ARRANGED FOR MAY 1991 IN HONG KONG.

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2. AT DUTCH INVITATION I DESCRIBED THE CURRENT STATUS OF HONG KONG AND THE POSITION AFTER 1997. I SUMMARISED THE PROCESS WHICH LED TO THE CONCLUSION OF THE JOINT DECLARATION AND POINTED OUT ITS MAIN FEATURES. I SUMMARISED THE PRINCIPAL RAMIFICATIONS FOR A HONG KONG/NETHERLANDS EXTRADITION AGREEMENT. I HIGHLIGHTED THE ESSENTIAL POINTS FOR HONG KONG AND THE CHINESE RESPECTIVELY, IN PARTICULAR AGAINST THE BACKGROUND OF POSSIBLE RENDITION ARRANGEMENTS BETWEEN HONG KONG AND THE PRC AND ENUMERATED THOSE POINTS ON WHICH I CALCULATED THERE WOULD BE LITTLE OR NO ROOM FOR MOVEMENT IF WE WERE TO PROCEED TO A SUCCESSFUL NEGOTIATION WHICH WOULD BE ACCEPTABLE TO THE PRC.

3. IN RESPONSE TO QUESTIONS FROM THE DUTCH, I REPLIED AS FOLLOWS:

A. ANY AMENDMENTS TO THE AGREEMENT WOULD BE A MATTER FOR THE PARTIES, VIZ HONG KONG AND THE NETHERLANDS. FOLLOWING AGREEMENT BETWEEN THE TWO PARTIES IT WOULD BE NECESSARY TO CONSULT THE UK AND CHINA BEFORE 1997 AND THE LATTER AFTER 1997.

B. DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF THE AGREEMENT WOULD BE A MATTER FOR THE PARTIES TO IT, AND WOULD BE

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