Annex B
Agreement for the surrender of Accused and Convicted
Persons between the Government of Hong Kong and the Government of Australia
Article-by Article Comparison between the Initialled Text and the Text of the Hong Kong
Model Agreement
PREAMBLE
The expression
"fugitive offender" has been avoided throughout the initialled text at Australian request. This is because of Australian case law to the effect that offenders from other jurisdictions found in Australia may not necessarily be fugitives. For instance an offender who embarked on a business trip to Australia before he was charged could not positively be said to be a fugitive. The title of the agreement accordingly now refers to accused or convicted persons instead of fugitive
offenders.
ARTICLE 1
2.
substantive.
The amendments to this Article are not The word "jurisdiction" is now used once only. The Australians took the view that use of this word in the model text is slightly confusing as, when first used, it refers to the jurisdiction of the courts, whereas on the second occasion it relates to the area or territory of Hong Kong.
ARTICLE (1)
3.
Australian criminal law is principally a matter for individual Australian States. Several offences were added to the list to ensure that all serious offences under the various State laws were covered. Other changes were made to achieve the more generic approach favoured by the Australians.
The changes should ensure that no serious offences are inadvertently omitted.. None of the changes will necessitate amendment of existing Hong Kong law.
ARTICLE 2(2)
4.
No substantive change.
ARTICLE 2(3)
5.
This
new paragraph establishes the so-called "conduct" test which has become common in more recent extradition agreements world-wide. The paragraph will help that surrender of the fugitive takes place provided the offence falls within the general description of
one of the items on the list and the conduct is criminal in both jurisdictions.
to
ensure
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