TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 11

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FM HONG KONG

TO ROUTINE F C O

TELNO 3212

OF 111305Z OCTOBER 91

INFO ROUTINE PEKING, WASHINGTON, UKREP JLG HONG KONG

EXTRADITION NEGOTIATIONS: HONG KONG/USA: 7-11 OCTOBER 1991

SUMMARY

SECOND ROUND OF NEGOTIATIONS WITH THE AMERICANS TOOK PLACE IN HONG KONG FROM 7-11 OCTOBER. SOME PROGRESS BUT IMPORTANT

PROBLEMS REMAIN. MUCH WORK REMAINS TO BE DONE.

DETAIL

2. THE SECOND ROUND TOOK PLACE IN HONG KONG FROM 7 11 OCTOBER. SURENA (STATE DEPARTMENT) LED FOR THE AMERICANS, EDWARDS LO(IL), FOR HKG. NEGOTIATIONS PROCEEDED ON THE BASIS OF OUR MODEL AGREEMENT BUT THE AMERICANS IN MANY INSTANCES PRESSED THE EQUIVALENT PROVISION IN THEIR MODEL AS AN ALTERNATIVE. THEIR

PRINCIPAL CONCERNS WERE AS FOLLOWS:

RETURN OF NATIONALS (ARTICLE 3 OF HK MODEL)

3. SURENA SAID THAT THE AMERICANS ONLY ACCEPT THE RIGHT TO REFUSE THE SURRENDER OF NATIONALS WHERE THIS IS ENSHRINED IN THE CONSTITUTION OF A STATE AND IN RELATION TO STATES THAT TAKE EXTRA-TERRITORIAL JURISDICTION OVER THEIR NATIONALS. SUCH A RIGHT IN OUR CASE WOULD EFFECTIVELY MAKE AN AGREEMENT VALUELESS. THEY DOUBTED WHETHER SUCH A PROVISION WOULD ATTRACT SENATE APPROVAL. AS A MINIMUM, THEY SUGGESTED THAT THE RIGHT BE NARROWED TO MEET ''REAL'' CHINESE REQUIREMENTS. EDWARDS REPLIED THAT THE CHINESE HAD ASSURED US THAT THE RIGHT TO REFUSE TO RETURN NATIONALS WOULD BE USED ONLY VERY SPARINGLY AND WAS DESIGNED TO COVER SUCH PEOPLE AS THEIR FOREIGN MINISTRY EMPLOYEES IN THE SAR. IT WAS NOT THEREFORE CORRECT TO SAY THAT THE AGREEMENT WOULD BE RENDERED VALUELESS. AFTER A FULL EXCHANGE AND AT EDWARDS' SUGGESTION, SURENA UNDERTOOK TO LET US HAVE A PAPER SETTING OUT FULLY AMERICAN CONCERNS ON THIS PROBLEM. WE WILL THEN BE IN A BETTER

POSITION TO CONSIDER WAYS OF SOLVING IT.

ADDITIONAL GROUNDS OF REFUSAL (ARTICLE 15 OF HK MODEL)

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