CONFIDENTIAL
XCX(92)10
Channel Of Communications (Article 9)
9
The Australians believe that it will be essential to avoid having to send and receive all the documents relating to extradition requests through the diplomatic channel after 1997. To involve Chinese diplomatic posts would risk slowing down the process and might open what should be technical legal exchanges to unwarranted interference by their authorities. Both the Australians and ourselves would prefer to conduct all extradition business through the Australian Consulate General in Hong Kong. Accordingly this will be the appropriate authority referred to in Article 9(1). It is intended to establish this channel as soon as possible.
Resurrender (Article 19)
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The Australians insisted that there had to be no possibility of returned fugitives being resurrendered to China. We have agreed to such a clause, which is, of course, of general application, at Article 19. The Council will recall that a similar provision appears in our recently initialled agreements with Canada and the Netherlands.
Right To Instruct
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We explained China's right, after 1997, to instruct the Chief Executive not to return or to request the return of fugitives in those rare cases which substantially affect its responsibilities for foreign affairs and defence. The Australians expressed their understanding of this, but did not wish to see the reserved right spelt out in the Agreement.
Further Action
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The Chinese will now be consulted on the initialled Agreement through the Joint Liaison Group. Once this process has been completed and the Australians have completed their procedures the Agreement can be signed. It will enter into force as provided in Article 21 once legislation on the surrender of fugitive offenders has been enacted in Hong Kong. We expect to have a Bill ready for introduction in the next legislative session.
Legislative Council Brief
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The negotiations are still confidential and no Legislative Council brief will be issued at this stage.
18 February 1992 (SCR 2/1/2716/80)
COUNCIL CHAMBER
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Private notes are available after approval.