TNAG-2337-FCO40-3401-Extradition-agreement-between-Hong-Kong-and-Canada-1991 — Page 79

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MDLIAN 0841

HK/NETHERLANDS AGREEMENT) WAS AGREED TO ENSURE THAT EXTRADITION

REQUESTS WOULD NOT FAIL BECAUSE OF DIFFERENCES IN THE

DESCRIPTIONS OF OFFENCES.

SURRENDER OF NATIONALS

4"

AGAIN, THE CANADIANS WOULD HAVE MUCH PREFERRED TO HAVE DONE WITHOUT A PROVISION RESERVING TO THE PARTIES THE RIGHT NOT TO SURRENDER NATIONALS BUT WERE PREPARED, ON ONE CONDITION, TO ACCEPT SUCH A PROVISION IN ORDER TO CONCLUDE AN AGREEMENT WITH US. THE CONDITION WAS THAT, IN CASES WHERE HONG KONG EXERCISED THE RIGHT NOT TO SURRENDER, CANADA WOULD HAVE THE RIGHT TO REQUEST THE COMPETENT HONG KONG AUTHORITIES THEMSELVES TO

CONSIDER PROSECUTING. THE CANADIANS UNDERSTAND THAT HONG KONG'S EXTRA-TERRITORIAL JURISDICTION IS VERY LIMITED BUT CONSIDERED THAT SUCH A REQUIREMENT WAS IMPORTANT FOR PRESENTATIONAL REASONS.

THE SOLUTION WE HAVE REACHED SHOULD NOT CAUSE A PROBLEM WITH THE CHINESE.

RE-SURRENDER

5. THE CANADIANS REPEATED THAT IT WAS ESSENTIAL TO INCLUDE A PROVISION UNDER WHICH PERSONS RETURNED WOULD NOT BE RE- SURRENDERED TO ANOTHER JURISDICTION WITHOUT THE ORIGINAL PARTY'S

CONSENT. THEY EXPLAINED THAT ALL THEIR RECENT EXTRADITION AGREEMENTS INCLUDED SUCH A PROVISION. WE HAVE AGREED TO THE

INCLUSION OF AN ARTICLE WHOSE TEXT HAS THE SAME SUBSTANTIVE

EFFECT AS ARTICLE 16(2) OF THE HONG KONG/NETHERLANDS AGREEMENT.

POLITICAL OFFENCES

6.

AT THE FIRST ROUND IN OTTAWA IN MAY 1991 (PARA 2(E) OF

OTTAWA TELNO 6 TO HONG KONG) THE CANADIANS HAD SAID THEY MIGHT

WISH TO PROPOSE AMENDMENTS TO OUR MODEL TEXT TO EXCLUDE CERTAIN OFFENCES (LIKE TERRORIST OFFENCES) FROM THE POLITICAL OFFENCE EXCEPTION PROVISION. AFTER A FULL DISCUSSION THEY CONCLUDED THAT THEY COULD LIVE WITH OUR TEXT. THIS IS HELPFUL AND SHOULD MAKE

OUR TASK EASIER WITH THE CHINESE.

CHANNEL OF COMMUNICATIONS

7. THE CANADIANS ATTACH IMPORTANCE TO PASSING ALL REQUESTS AND GENERALLY HANDLING ALL EXTRADITION BUSINESS DIRECTLY BETWEEN THEIR DEPARTMENT OF JUSTICE AND THE HKG LEGAL DEPARTMENT. LIKE THE

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