TNAG-2582-FCO40-3770-Extradition-agreements-between-Hong-Kong-and-the-Netherlands-1992 — Page 5

OTHER POINTS

2

STS 510/92

Title of the Agreement

The English text shows "Hong Kong" precedence and the Dutch

text "Netherlands" precedence.

First preambular paragraph

The English text shows "Hong Kong" precedence and the Dutch

text "Netherlands" precedence.

Article 2(1)

At the end of the first subparagraph, after "a more severe penalty", the punctuation mark in the Dutch text is "."

whereas in the English text it is ":".

Article 2(1) (vi)

English: "... a mental defective..."

Dutch: literally "... a powerless person...

**

•

an

incapable..." ("... onmachtige...")

The Dutch might be thought to have a broader scope than the

English. Possible alternatives would be "zwakzinnige" or

"geestelijk gehandicapte".

Article 2(1) (xi)

English: "offences against bankruptcy law"

Dutch: literally "fraudulent bankruptcy" ("bedrieglijke bankbreuk")

The Dutch term was used in the 1898 UK/Netherlands Treaty

for the mutual extradition of fugitive criminals, Article II

at (10), but appears on the face of it to be too narrow.

It

is for the UK side to decide whether a change is called for. We might suggest a more general formulation such as "overtredingen van de wetgeving inzake faillissement", cf. Article 2(1)(ix) et seq.