CONFIDENTIAL
062212
MDLIAN 3545.
THEIR CASES REVIEWED BY THE RELEVANT STATE PARDONS BOARD WHICH WOULD SEE RELEVANT PAPERS ON THE CASE. TO OUR ENQUIRY ON WHETHER REPRESENTATIONS BY HONG KONG ON BEHALF OF A CONVICTED SURRENDERED PERSON COULD BE PUT BEFORE THE BOARD, THE MALAYSIANS RESPONDED THERE MIGHT BE CONSTITUTIONAL PROBLEMS IN REQUIRING THE BOARD TO CONSIDER SUCH A REPRESENTATION. WE SAID THEIR RE-DRAFT WAS PROBABLY UNACCEPTABLE ON A NON-COMMITMENT BASIS, WE ASKED THEM TO CONSIDER ACCEPTABILITY OF THE DEATH PENALTY PROVISIONS IN ANNEX 2 TO THE 1990 COMMONWEALTH SCHEME. THEY UNDERTOOK TO REFLECT FURTHER. THE MALAYSIANS ARE HAVING PROBLEMS WITH DEATH PENALTY PROVISIONS IN NEGOTIATING EXTRADITION AGREEMENTS WITH OTHER JURISDICTIONS (E.G. U.S.A.) AND ARE WARY OF CREATING PRECEDENT.
(C) POSTPONEMENT (ARTICLE 5(2)):
THIS WAS DELETED IN FAVOUR OF A PROVISION ON TEMPORARY AND DEFERRED SURRENDER.
(D) POLITICAL GROUNDS EXCEPTION CARTICLE 6):
THESE WERE ACCEPTED. THE MALAYSIANS PROPOSED THAT MURDER OR OTHER WILFUL CRIME AGAINST THE HEAD OF STATE OF MALAYSIA OR HIS IMMEDIATE FAMILY WOULD NOT BE REGARDED AS BEING OF A POLITICAL CHARACTER. WE SAID WE WOULD REFLECT ON THIS.
(E) SURRENDER BY CONSENT:
THE MALAYSIANS CONSIDERED THIS WOULD BE A USEFUL PROVISION. WE AGREE IT IS A USEFUL PRACTICAL PROVISION BUT REQUIRE TIME TO CONSIDER ITS IMPLICATIONS IN THE RENDITION CONTEXT.
(F) RE-SURRENDER:
THE MALAYSIANS INSISTED ON SUCH A PROVISION.
(G) TRANSIT:
THE MALAYSIANS REQUIRED SUCH A PROVISION TO COVER MALAYSIA-JAPAN EXTRADITION TRAFFIC AND UNSCHEDULED LANDINGS.
5. WE AGREED TO MEET AGAIN IN SEPTEMBER/OCTOBER IN KUALA LUMPUR.
COMMENT
6. THE PRINCIPAL IMPEDIMENT TO CONSOLIDATING A TREATY WITH THE
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