TNAG-2338-FCO40-3402-Extradition-agreement-between-Hong-Kong-and-the-USA-1991 — Page 30

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CONFIDENTIAL

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030566

MDLIAN 1252

fa Hulus extrad agreement

CONFIDENTIAL

FM WASHINGTON

TO PRIORITY HONG KONG

TELNO 10

OF 15154OZ MAY 91

TOP COPY

Ruists.

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INFO ROUTINE FCO, PEKING, UKREP JLG HONG KONG, OTTAWA

FROM EDWARDS (LAW OFFICER HKG)

HONG KONG/US EXTRADITION

SUMMARY

1. TWO DAYS OF USEFUL AND CONSTRUCTIVE EXCHANGES WITH LARGE US DELEGATION. DIFFERENCES ON MAIN ISSUES NARROWED. NEED FOR

FURTHER ROUNDS. DETAIL

2. EDWARDS AND HUNTER MET WITH 8 MEMBER US DELEGATION LED BY SURENA (STATE) ON 13/14 MAY. DISCUSSIONS PROCEEDED ON BASIS OF FOURTEEN ISSUES RAISED BY THE US, FOLLOWING A GENERAL PRESENTATION BY EDWARDS ON THE JOINT DECLARATION, BASIC LAW AND THE BACKGROUND TO HONG KONG'S CAPACITY TO NEGOTIATE EXTRADITION TREATIES IN ITS OWN RIGHT. WE WERE ALSO ABLE TO RUN RAPIDLY THROUGH OUR MODEL TEXT. ON THE SECOND DAY THE US PRODUCED THEIR OWN DRAFT AGREEMENT BUT THERE WAS INSUFFICIENT TIME TO CONSIDER

IT IN DETAIL.

3.

THE MAIN POINTS ARISING WERE:

(A) SPECIALITY OBLIGATIONS AFTER 1997

THE US WAS PARTICULARLY CONCERNED ABOUT HOW THE UK'S OBLIGATIONS

UNDER THE CURRENT US/UK TREATY APPLIED TO HONG KONG WOULD BE CARRIED OUT IN RELATION TO PERSONS SURRENDERED UNDER THAT TREATY WHO REMAIN IN PRISON IN HONG KONG AFTER 1997. EDWARDS SAID THAT SUCH FUGITIVES WOULD BE PROTECTED BY THE EXTRADITION LAWS OF THE HK SAR WHICH WILL GUARANTEE SPECIALITY PROTECTION TO ALL PERSONS SURRENDERED TO HONG KONG WHETHER BEFORE OR AFTER 1997 AND WHETHER PURSUANT TO THE US/UK TREATY OR THE PROPOSED US/HK TREATY. EDWARDS SUGGESTED THAT IT MIGHT BE ALSO BE POSSIBLE TO INCLUDE 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.

(B) EXTRADITION OF NATIONALS

SURENA EXPRESSED CONSIDERABLE DIFFICULTY WITH ARTICLE 3 OF THE

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