TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 22

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(10)

Concurrent jurisdiction as a basis for denial: what

does HKG mean 'by an offence which is regarded by its law

as having

been committed within the jurisdiction of its

courts' : an executive or judicial decision?

the

Article 5(1) of the HK model and Article 17bis of

U.S./Canada treaty were compared. It was agreed that

both sides wished to cover the situation where jurisdiction

could be exercised by both. Edwards pointed out that the

HK model might need adaptation to require the Requested

Party to prosecute; he indicated that he did not favour the

reference in the U.S./Canada to consultation.

(11)

Persecution/Prejudice

observations

to position

USDEL

the

not

Surena

pointed out that Article 6(b) and (c) of

the HK model provided greater protection for fugitives than

Refugees Convention provided for refugees (refugees are

protected if charged with serious non-political

offences).

He did not think this appropriate. Edwards

explained the China

explicit

angle and stressed the need for

provisions in this regard in Hong Kong's bilateral

extradition treaties as a precedent for rendition.