TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 23

JULE 3

HUNG KUNG

เ

11-20

PHGE 04

CONFIDENTIAL

ŏ.

Canada agreed that Hong Kong could have a right

CO reruse сде surrender of nationals but did not wish to

reserve an equivalent right το itself. It nevertheless

insisted that where this right was exercized by Hong Kong

Canada should be entitled to request that Hong Kong

consider

limited

•

prosecution. We explained that Hong Kong had very

extra-territorial jurisdiction and that we would,

in any event, usually take the view that prosecution would

be inappropriate

considered such

Canada understood this but nevertheless

requirement important So that the

agreement would on its face allow a national, in respect of

whom, surrender ☀ had been refused, to be prosecuted. In

deffecti Canada, want the requirement inserted for

presentational reasons. It is important to note that the

obligation is only to consider prosecution action; there is

no obligation to actually prosecute.

ARTICLE 4

y.

'a

NO

substantive change; 'this penalty' replaced by

sentence of death'.

CONFIDENTIAL