TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 143

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MDLIAN 332,

A GENERIC APPROACH, BUT WITH THE ADDITION OF A SENSIBLE CATCH- ALL PROVISION (LIKE ARTICLE 2(I) (XXX) OF THE HONG KONG/ NETHERLANDS AGREEMENT). A STRAIGHT-FORWARD CONDUCT TEST WAS ALSO AGREED.

SURRENDER OF NATIONALS

4. THE AUSTRALIANS ACCEPTED THAT THE RIGHT TO REFUSE TO SURRENDER NATIONALS HAD TO BE INCLUDED BUT THEY ASKED THAT, WHERE THE RIGHT WAS EXERCISED, THE REQUESTED PARTY BE OBLIGED TO CONSIDER PROSECUTING THE FUGITIVE. WE EXPLAINED THAT WE EXERCISED EXTRATERRITORIAL CRIMINAL JURISDICTION ONLY IN VERY LIMITED CIRCUMSTANCES AND IN THE END WERE ABLE TO SETTLE FOR A TEXT SIMILAR TO ARTICLE 3 OF THE HONG KONG/CANADA AGREEMENT.

RESURRENDER

5. THE AUSTRALIANS INSISTED THAT THERE HAD TO BE NO POSSIBILITY OF RETURNED FUGITIVES BEING RE-SURRENDERED TO CHINA. WE AGREED A TEXT WHICH IS SUBSTANTIALLY SIMILAR TO THE EQUIVALENT PROVISIONS OF THE NETHERLANDS AND CANADIAN AGREEMENTS.

POLITICAL OFFENCES

6. THE BASIC RULE CONTAINED IN THE MODEL HAS BEEN RETAINED BUT AT AUSTRALIAN INSISTENCE WE AGREED TO LIMIT THE SCOPE OF THE PROVISION BY PROVIDING THAT AN OFFENCE OF A POLITICAL CHARACTER DOES NOT (NOT) INCLUDE ANY OFFENCE IN RESPECT OF WHICH BOTH PARTIES HAVE AN OBLIGATION UNDER A MULTILATERAL AGREEMENT TO SURENDER OR CONSIDER PROSECUTION (EG, THE THREE HIJACKING CONVENTIONS, THE PROTECTED PERSONS AND HOSTAGES CONVENTIONS). WE BELIEVE THIS WILL BE ACCEPTABLE TO THE CHINESE AS IT WILL COVER ONLY THOSE MULTILATERALS WHICH THEY AGREE WILL CONTINUE TO APPLY TO HONG KONG AFTER 1997.

CHANNEL OF COMMUNICATIONS

7. LIKE THE DUTCH AND CANADIANS, THE AUSTRALIANS ARE KEEN TO AVOID CHANNELING REQUESTS THROUGH THE DIPLOMATIC CHANNEL 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

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