TNAG-2335-FCO40-3399-Extradition-agreement-between-Hong-Kong-and-the-Netherlands-1991 — Page 136

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SETTLED IN ACCORDANCE WITH ITS PROVISIONS. IT WOULD NOT (NOT) I THOUGHT BE NECESSARY FOR THE PRC TO BE INVOLVED AT ALL IN THE PROCEEDINGS.

C. I GAVE A DETAILED DESCRIPTION OF THE RIGHT TO INSTRUCT IN ACCORDANCE WITH THE AGREED LINE. I SAID THAT, IF THE DUTCH SO DESIRED, THAT RIGHT COULD BE REFLECTED IN THE AGREEMENT.

D. I CLARIFIED THE POSITION IN RELATION TO CHANNELS OF COMMUNICATION FOR PURPOSES OF PROCESSING REQUESTS. IT WOULD NOT (NOT) DIRECTLY INVOLVE THE PRC AUTHORITIES ALTHOUGH THEY WOULD HAVE

TO BE NOTIFIED.

E. I CONFIRMED THAT WE COULD INCLUDE IN THE AGREEMENT A PROVISION PROHIBITING RESURRENDER WITHOUT THE CONSENT OF THE REQUESTED PARTY.

F. I EXPLAINED THE REASONS WHY NO EXISTING MULTILATERAL TREATIES (INCLUDING THE EUROPEAN TREATY) COULD BE EXTENDED TO HONG KONG AND CONTINUE IN EFFECT BEYOND 1997. IN THIS CONTEXT I BRIEFLY DESCRIBED

THE FUNCTIONS OF THE JLG IRO SUB-GROUP.

G. I DESCRIBED THE PROCEDURE AGREED WITH THE CHINESE FOR INITIALLING AGREEMENTS, CONSULTATION WITH THE CHINESE, AND ENTRY INTO FORCE WHEN HONG KONG LEGISLATION HAD BEEN ENACTED.

4. I THEN GAVE AN ARTICLE BY ARTICLE PRESENTATION OF THE HONG KONG MODEL AGREEMENT. THE MAIN POINTS WHICH EMERGED FROM A USEFUL DISCUSSION WERE:

A. LIST OF OFFENCES: THE DUTCH WOULD PREFER NOT TO HAVE A LIST. HOWEVER, THEY FULLY APPRECIATED WHY WE WISHED TO HAVE ONE INCLUDED, AND INDICATED A READINESS TO GO ALONG WITH US. HOWEVER THEY SUGGESTED THAT A SIMPLE METHOD OF AMENDING THE LIST SHOULD BE FOUND. I RESISTED A SUGGESTION THAT THERE SHOULD BE, IN ADDITION, A CATCH-ALL PROVISION WHICH WOULD HAVE DETRACTED FROM THE UTILITY OF HAVING A LIST AT ALL.

B. NATIONALITY. I EXPLAINED WHY WE WOULD REQUIRE THE INCLUSION OF DISCRETION NOT (NOT) TO SURENDER NATIONALS. THIS WAS ESSENTIAL FOR THE CHINESE. THE DUTCH ACCEPTED THE PRINCIPLE.

C. PRIMA FACIE CASE. I EXPLAINED THAT THIS WAS ALSO ESSENTIAL FOR HONG KONG AND THE REASONS THEREFOR. THE DUTCH SEEMED TO ACCEPT THIS TOO.

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