TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 111

G.F. 324

RESTRICTED ##

3

Australian proposal for an ICCPR clause that referred to "cruel, inhuman or degrading punishment" and that we judged would be objectionable to the Chinese.

9.

We persuaded the Australians to withdraw a proposed paragraph which would have allowed the requested Party to refuse to surrender if it considered the requested Party's jurisdictional claim to be excessive.

Postponement of Surrender

10.

Article 8 is very close to Article 5(2) of our model.

The Request and Supporting Documents

11.

Article 9(1) is close to Article 7(1) of our model. The Australians were keen to avoid Chinese diplomatic channels after 1997. We agreed that it would be sensible to establish, as soon as possible, a practice whereby extradition requests in both directions will be routed through the Australian Consulate General in Hong Kong. The Australians said that they would shortly be instructing their High Commission in London to address a note to this effect to the FCO. We agreed that if the bundle of documents supporting a request by Hong Kong was unusually bulky, the cost of sending it to Australia would be discussed under Article 15(2).

12.

Article 9(2)

agreement and

Sub-paragraph (b)

is

follows Article 8 (2) of our Canadian close to Article 7(2) of our model. includes a new requirement for a statement of This is needed to comply with Australian Article 9(3)-(4) is almost identical to Article 8(3)-(4) of our Netherlands agreement and is not far from Article 7(3)-(4) of our model.

acts and omissions. law.

Authentication

13. with

Article 10 is simpler than the model and broadly in line the equivalent provisions in the Netherlands and Canada agreements.

Language of Documentation

14.

Canada.

Article 11 is the same as Article 9 of our agreement with

Provisional Arrest

15.

Article 12(1) adds a requirement for the text of the warrant of arrest, which, under Australian law, must be submitted to the Magistrate. Article 12(1) also adds a requirement for

statement of the penalty, which the Australians want SO that they can check that the offence is extraditable. The new reference to "reasonable time" in Article

a

RESTRICTED 內部文件