TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 107

Government of Kiribati on a constitutional enquiry into the

provisions for the protection of the interests of Banabans, and

the former prime minister of Fiji, Dr. Bavadara and his Coalition

Party from 1987 until now. I have advised on constitutional

litigation in a number of countries. I have also acted as a

legal consultant to some international organisations, including

the Commonwealth Secretariat.

3.

I set out here my opinion on the effect of the constitution-

al changes associated with the transfer of sovereignty over Hong

Kong to China in 1997 on the law and practice of extradition in

Hong Kong. I consider in particular whether the Govenment of

Hong Kong would be able to meet its obligation under the special-

ty rule relating to extradition currently contained in the Fugi-

tive Offenders (Hong Kong) Order.

4.

The principle underlying the specialty rule in international

law is that a person who is extradited should only be tried for

the offence for which his return has been requested. In the

absence of such a rule, many countries are reluctant to return

fugitives for fear that they may be harassed or persecuted or

faced with charges supported by unsatisfactory evidence. The

rule thus plays an important role in the international system of

extradition.

5.

The assurance of the specialty rule can be provided either

in the general law of the requesting state or by an arrangement

with it (usually in the form of a treaty but sometimes specifi-

cally for a particular case). It is not my understanding that

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