TNAG-2339-FCO40-3403-Extradition-agreement-between-Hong-Kong-and-Australia-1991 — Page 4

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MDLIA 1901 ·

(II) RETURN OF NATIONALS.

EDWARDS EXPLAINED THAT THIS HAD BEEN INCLUDED AT CHINESE INSISTENCE AND WAS NOT NEGOTIABLE. AFTER DETAILED DISCUSSION THE AUSTRALIAN SIDE SEEMED TO ACCEPT THAT THE PROVISION WOULD HAVE TO BE INCLUDED. THEY HAD A NUMBER OF QUESTIONS AS TO WHO WOULD BE INCLUDED IN THE CATEGORY OF CHINESE NATIONALS. EDWARDS EXPLAINED THIS WAS UNCLEAR BUT THAT IT CERTAINLY INCLUDED ALL PERSONS OF CHINESE RACE RESIDENT IN HONG KONG. IN REPLY TO A QUESTION, EDWARDS DOUBTED WHETHER IT WOULD BE POSSIBLE FOR HONG KONG TO PROSECUTE IF EXTRADITION WAS REFUSED ON THIS BASIS.

(III) POLITICAL OFFENCES

THE AUSTRALIANS CONSIDERED THAT ARTICLE 6 OF THE MODEL WAS TOO BROAD. THEY WOULD LIKE TO EXCLUDE CERTAIN OFFENCES (INCLUDING TERRORIST AND SOME CONVENTIONAL OFFENCES) FROM THE POLITICAL OFFENCES EXCEPTION. WE SAID WE WOULD BE WILLING TO CONSIDER ANY PROPOSALS IN THIS AREA BUT THAT THERE WAS AN IMPORTANT CHINA ANGLE, OF WHICH WE WOULD HAVE TO TAKE ACCOUNT.

ARTICLE BY ARTICLE EXAMINATION

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THE AUSTRALIANS AGREED TO EXAMINE THE HONG KONG MODEL ARTICLE BY ARTICLE. THE FOLLOWING WERE THE SIGNIFICANT POINTS:

(I) ARTICLE 2 - LIST OF OFFENCES. THE AUSTRALIANS SAID THEY WOULD PREFER TO DO WITHOUT A LIST. HOWEVER, FOLLOWING OUR EXPLANATIONS THEY SEEMED TO ACCEPT THAT NEGOTIATIONS COULD PROCEED ON THE BASIS THAT THERE WOULD BE ONE. A PRELIMINARY DISCUSSION TOOK PLACE ON CERTAIN ITEMS ON THE LIST. IT WAS LEFT THAT AUSTRALIA WOULD WRITE TO US WITH SPECIFIC AMENDMENT PROPOSALS BEFORE THE NEXT ROUND. THEY INDICATED THEY WOULD REQUIRE CATCH-ALL AND CONDUCT PROVISIONS.

(II) TEXT.

ARTICLE 4 DEATH PENALTY. THE AUSTRALIANS ACCEPTED THE MODEL

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(III) ARTICLE 7(1) CHANNELS OF COMMUNICATION. WE SAID THAT IT WOULD BE IMPORTANT TO TRY TO AVOID USING DIPLOMATIC CHANNELS AFTER 1997. WE SUGGESTED THAT REQUESTS FROM EITHER PARTY SHOULD BE MADE THROUGH THE AUSTRALIAN CONSULATE GENERAL IN HONG KONG. AS WITH THE DUTCH, WE SUGGESTED THAT THE SOONER THIS PRACTICE WAS ESTABLISHED THE BETTER.

(IV) ARTICLE 12 PRIMA FACIE EVIDENCE.

WHILE THE AUSTRALIANS WOULD

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