TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 18

include

3

a

provision in the

US/HK treaty which would

specifically guarantee specialty protection for persons

surrendered to HK under the US/UK treaty, but said that

this would need to be thought through. Surena expressed

interest, adding that the US would also have to consider

the question further.

(3)

Nationality : Who is a national after PRC? Does HKG

intend to deny extradition of Chinese nationals? Does HKG

intend to deny extradition?

As to who is a national of the PRC Edwards

advised that definitive advice was awaited from the PRC; he

referred to pp 56 and 57 of the JD.

Surena

expressed

considerable

difficulty

with

Article 3 of the HK model which reserves the right not to

surrender

had been

nationals.

Edwards

included at Chinese

explained that the article

insistence and was only

intended to be operable after 1997 for exceptional cases of

mainlanders

(particularly

Kong) and rare

public

servants working in Hong

cases involving defence and foreign

affairs. Surena explained that the US had only reluctantly

agreed to such provisions in the past and had a policy of

requiring prosecution if surrender was refused. Edwards

said that HK did not favour asserting extra territorial

and that, in any event, such assertion, in the

jurisdiction