TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 65

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

ARTICLE 3

4

1

8.

Canada

to refuse the

agreed that Hong Kong could have a right

surrender of nationals but did not wish to

reserve an equivalent right

insisted that where

to

itself. It nevertheless

this right was exercized by Hong Kong

Canada should be entitled to request that Hong Kong

prosecution. We explained that Hong Kong had very

limited extra-territorial jurisdiction and that we would,

consider

in

any event, usually take the view that prosecution would

be inappropriate Canada understood this but nevertheless

a requirement important So that the

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

whom surrender had been refused, to be prosecuted.

considered such

effect

Canada want

presentational reasons.

In

the requirement inserted for

It is important to note that the

obligation is only to consider prosecution action; there is

no obligation to actually prosecute.

ARTICLE 4

9.

No

substantive change; 'this penalty' replaced by

'a sentence of death'.

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