CONFIDENTIAL
Blue Volume XXXXIX(19)
XCX(92)12
The low figures are not in themselves particularly significant because it is the gravity of the crimes rather than their number which matters and because the existence of an extradition agreement often deters fugitives from taking refuge in a particular country. If we do not make satisfactory extradition arrangements by 1997, Hong Kong may become a haven for offenders from other South-East Asian countries, damaging our reputation. We therefore consider it important to conclude agreements with these regional countries.
7
The Malaysian negotiating team was unable to accept our model Article 4 and put forward the following counter-draft -
"When the offence for which surrender is sought is punishable by death under the laws of the requesting Party and is not punishable by death under the laws of the requested Party, the requested Party may refuse surrender, unless
8
(a) the offence constitutes illicit trafficking in
dangerous drugs; or
(b) the offence is one involving firearms,
ammunition or/and explosives and threatens the security of the requesting Party.”
Given our present policy, approved by the Council, the Malaysian proposal was clearly unacceptable and we have tried to devise a compromise that would be acceptable to both sides. One possible alternative death penalty provision that we have examined would be one which required the requesting Party to take into account representations of the requested Party that the death penalty, if imposed, should not be carried out. There would not however be an obligation on the requesting Party not to carry out such a sentence.
ARGUMENT
9
The following points argue in favour of the provision in
paragraph 8 above -
Executive Council
No comments yet.
Private notes are available after approval.