TNAG-2580-FCO40-3768-Extradition-agreements-between-Hong-Kong-and-Australia-1992 — Page 39

information on

25 February 1992

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CONFIDENTIAL

HKC 384/2

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19 MAR 1992

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Blue Volume XXXXIX (17)

NOTE FOR EXECUTIVE COUNCIL

XCX(92)10 Copy No. 28

HONG KONG / AUSTRALIA AGREEMENT ON THE SURRENDER OF ACCUSED AND CONVICTED PERSONS

INTRODUCTION

This note informs Members of the outcome of negotiations with Australia on an Agreement for the Surrender of Accused and Convicted Persons. The delegations have initialled a draft Agreement, a copy of which is at the Annex.

BACKGROUND

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On 13 November 1990, after considering memorandum XCX(90)69, the Council decided that Hong Kong should initiate negotiations with several countries with a view to concluding bilateral agreements for the surrender of fugitive offenders. This was to be done on the basis of a model text that had been agreed with the Chinese side in the Joint Liaison Group.

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A copy of the model agreement was sent to the Australian Consulate General in April 1991. A first round of negotiations was held in Canberra from 24 to 26 June 1991 and a second round from 23 to 28 January 1992. The Hong Kong delegation was led on each occasion by Mr. D.M. Edwards, Law Officer (International Law), and comprised representatives from Security Branch and the International Law and Prosecution Divisions of the Attorney General's Chambers. At the end of the negotiations, the leaders of the two delegations initialled the annexed text.

Initialled Text

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The initialled text of the draft Agreement retains all the safeguards of the model including the list of offences, prima facie rule, death penalty and the political exception. Although there had to be a number of relatively minor departures from the model to fulfil Australian

Executive Council