TNAG-2337-FCO40-3401-Extradition-agreement-between-Hong-Kong-and-Canada-1991 — Page 8

J00

GUVERNMENT HUUSE HUNG KUNG

31 11-20

PHGE 04

AKTICLE 3

CONFIDENTIAL

୪

reruse

το

reserve

insisted

Canada

an

Canada agreed that Hong Kong could have a right

сде surrender of nationals but did not wish to

equivalent right to itself. It nevertheless

that where this right was exercized by Hong Kong

should be entitled to request that Hong Kong

prosecution. We explained that Hong Kong had very

extra-territorial jurisdiction and that we would,

in any event, usually take the view that prosecution would

Canada understood this but nevertheless

consider

limited

be inappropriate

considered such

requirement important so

so that the

agreement would on its face allow a national, in respect of

In

inserted for

whom › surrender ✰ had

*

been refused, to be prosecuted.

effecti Canada. want the requirement

presentational reasons. It is important to note that the

obligation is only to consider prosecution action; there is

no obligation to actually prosecute.

ARTICLE 4

y.

NO

substantive change; 'this penalty' replaced by

sentence of death

CONFIDENTIAL