TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 24

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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[essentially

a reasonable basis to

probable cause test,

believe] and the prima facie test revealed that the tests

did not impose significantly different standards. What

emerged however was that the principal concern of the US

was to the nature of the evidence required.

considered that the

The US

requesting country should be entitled

to submit one comprehensive affidavit detailing the

available evidence rather than individual affidavits.

Edwards explained that such an approach would involve the

submission of hearsay evidence which is contrary to Hong

Kong's existing law and policy and would not be a desirable

precedent for rendition.

It was agreed that the matter

should be looked at further.

(13) Provisional arrest requests : USG prefers use of the

diplomatic channel only

Discussion

on

this item centred on the real U.S.

concern which was

channels of

communication.

Surena

advised that the U.S. would wish to transmit their own

requests through their consulate in Hong Kong. Edwards

explained that Hong Kong had agreed with the Dutch that the

consulate in Hong Kong could transit all requests

Dutch

[from

Holland and Hong Kong].

Surena indicated that if

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