TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 23

Surena

8 -

considered that the article should

which decisions are for the executive and

specificly state

which for the

judiciary.

The U.S.

suggested that the

following could replace paras (b) and (c) of the model

Article 6:

"A fugitive offender shall not be surrendered if

the executive authority of the Requested Party

determines that the making of the request was

politically motivated."

The

particular U.S. concern was that para. (c) could give

rise to bogus claims. Edwards expressed concern that race

religion and nationality were

formulation.

not covered in this

Surena considered that the U.S. formulation

would comprehend such matters.

It was agreed that the Article would require

further discussion.

(12) Prima facie standard : Can HKG lower the standard

relaxed.

essential

Surena asked whether our standard could be

Edwards said that this was

requirements.

A

lengthy

one of Hong Kong's

discussion of the