CONFIDENTIAL
XCX(91)57
CHANNEL OF COMMUNICATIONS (ARTICLE 8)
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The Canadians believe that it will be essential to avoid having to send and receive all the documents relating to extradition requests through the diplomatic channel after 1997. To involve Chinese diplomatic posts would risk slowing down the process and might open what should be technical legal exchanges to unwarranted interference by their authorities. Both the Canadians and ourselves would prefer to conduct all extradition business directly between the Canadian Department of Justice and the Attorney General's Chambers here. Accordingly these will be the appropriate authorities referred to in Article 8(1). It is intended to establish this channel as soon as possible.
RE-SURRENDER (ARTICLE 18)
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The Canadians regarded it as essential to include a provision under which persons returned would not be re-surrendered to another jurisdiction without the requested party's consent. They explained that all their recent extradition agreements included such a provision. We have agreed to such a clause at Article 18. The Council will recall that a similar provision appears in the recently initialled Netherlands/Hong Kong agreement.
RIGHT TO INSTRUCT
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We explained China's right, after 1997, to instruct the Chief Executive not to return or to request the return of fugitives in those rare cases which substantially affect its responsibilities for foreign affairs and defence. The Canadians expressed their understanding of this, but did not wish to see the reserved right spelt out in the Agreement.
FURTHER ACTION
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The Chinese will now be consulted on the initialled Agreement through the Joint Liaison Group. Once this process has been completed and the Canadians have completed their procedures the Agreement can be signed. It will enter into force as provided in Article 20 once legislation on the surrender of fugitive offenders has been enacted in Hong Kong. We expect to have a Bill ready for introduction in the next legislative session.
Executive Council
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