TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 142

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INFO PRIORITY FCO, UKREP JLG HONG KONG, PEKING, ACTOR

FROM EDWARDS (LAW OFFICER, HONG KONG GOVERNMENT)

Exhacht.

EXTRADITION NEGOTIATIONS: HONG KONG/AUSTRALIA: 23-28 JANUARY

1992.

SUMMARY

1. THE TWO DELEGATIONS INITIALLED THE TEXT OF AN AGREEMENT ON 28 JANUARY. ALL THE SAFEGUARDS IN MODEL AGREEMENT RETAINED INCLUDING LIST OF OFFENCES, PRIMA FACIE RULE, DEATH PENALTY AND THE POLITICAL EXCEPTION. A NO-RESURRENDER PROVISION HAS BEEN INCLUDED AND WE HAVE MADE A MINOR MODIFICATION OF THE NATIONALITY EXCEPTION ARTICLE.

DETAIL

2. A HONG KONG GOVERNMENT DELEGATION LED BY EDWARDS CONDUCTED A SECOND ROUND OF NEGOTIATIONS IN CANBERRA WITH AN AUSTRALIAN DELEGATION LED BY STAFFORD (AGD), 23-28 JANUARY. FOLLOWING FURTHER DISCUSSIONS, THE AUSTRALIANS DROPPED SEVERAL PREVIOUS PROPOSALS THAT DEPARTED TOO SUBSTANTIALLY FROM OUR MODEL TEXT. THESE INCLUDED PROVISIONS WHICH WOULD HAVE ALLOWED REFUSAL TO RETURN IF THE PERSON CONCERNED MIGHT HAVE BEEN SUBJECTED TO CRUEL AND UNUSUAL PUNISHMENT OR BEEN TRIED BY A SPECIAL TRIBUNAL. WE ALSO PERSUADED THE AUSTRALIANS TO WITHDRAW SOME ELABORATE PROPOSALS TO COMBAT THE FOUNDING OF CRIMINAL JURISDICTION ON CERTAIN EXTRATERRITORIAL GROUNDS. SUBSTANTIVE POINTS OF DEPARTURE FROM THE MODEL WERE GENERALLY IN LINE WITH THOSE IN THE RECENTLY INITIALLED HONG KONG/CANADA EXTRADITION AGREEMENT AND SHOULD BE READILY DEFENSIBLE WITH THE CHINESE.

LIST OF OFFENCES

3. THE AUSTRALIANS RELUCTANTLY ACCEPTED A LIST APPROACH. CRIMINAL JUSTICE IS BASICALLY A STATE MATTER AND THEY HAD THEREFORE CONSULTED THE STATES ON THE INDIVIDUAL OFFENCES TO BE INCLUDED IN THE LIST. AFTER LENGTHY DISCUSSION, WE ADOPTED

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