G.F. 324
RESTRICTED 內部文件
2 -
www.
Surrender of Nationals
4.
The Australians had no difficulty in accepting the right to refuse surrender of nationals. They insisted however that there be an obligation to consider prosecution action when the right was exercised. Australian law triggers extra-territorial jurisdiction in these circumstances. We explained the limited circumstances in which Hong Kong exercises extra-territorial jurisdiction. Settlement was reached on a symmetrical version
of Article 3 of the Hong Kong/Canada agreement.
Death Penalty
5.
Article 4 4 is identical to our model except for the deletion of "fugitive offender".
Basis for Surrender
6.
Article 5 is the same as Article 12(1) of our model except for "fugitive offender", removal of gender references and deletion of "identical".
Refusal of Surrender
7.
The Australians wanted to group all mandatory refusals in one article (Article 6) and all discretionary refusals in another (Article 7). Paragraph (1) of Article 6 follows Article 6 of our
Paragraph (2) qualifies the political grounds exception at Australian insistence. The wording comes from their extradition treaty with Venezuela. It will cover only those multilaterals which China agrees will continue to apply to Hong Kong after 1997. Paragraph (3) is a simpler version of Article 5(3) of our model, based loosely on Article 3(e) of the UN model and Article 5(2) of the Hong Kong/Netherlands agreement. We persuaded the Australians to withdraw a proposal or sentence by a specially established court or tribunal be grounds for refusing surrender.
that trial
Discretionary Refusal of Surrender
8.
Sub-paragraphs
(a), (b) and (e) of Article 7 reflect Article 15(a), (b) and (d) of our model but follow the wording in Article 7 of our agreement with the Netherlands. Sub-paragraph 7 (d) also comes from Article 7 of the Netherlands agreement. Sub-paragraph 7(c) is based on Article 5(1) of our model. The Australians accepted 7(a) and (b) with great reluctance, regarding the former as being covered by Article 2 and the latter as onerous. We agreed that 'imputed' means 'mens rea' and that time spent on the run is not to count. They insisted, and we agreed, that Article 15(c) of our model should They made it plain in relation to 7(c) that Australia would not surrender anyone whom they had indemnified, noting that Article 3 made this significant only for We offered 7(d) as an alternative to an
be omitted.
non-nationals.
RESTRICTED
No comments yet.
Private notes are available after approval.