TNAG-2582-FCO40-3770-Extradition-agreements-between-Hong-Kong-and-the-Netherlands-1992 — Page 7

4

STS 510/92

Article 10

English: "..., whichever is being requested,.. . "

Dutch:

•

as the case may be,.

•

(".

....

naar gelang het

geval,...")

The Dutch wording has presumably been adopted for

simplicity's sake.

practical purposes.

It will no doubt cover most cases for

But it is conceivable that the

requesting Party may have an arrangement with a third State,

and that the question of re-surrender may arise. In such a

case the scope of the Dutch could be different from the

scope of the English. Kong departments to consider whether this point is worth

pursuing.

Article 11

We must leave it to the UK and Hong

At (a) in the English the punctuation mark between "Party" and "and" is ";" whereas in the Dutch it is "," ("... Partij, en"). We suspect, however, that this is simply a matter of preference regarding punctuation before "and".

Article 16(1)(C)

English: "... his being dealt with;"

Dutch: "... his being proceeded against or punished;"

("... hij [...] wordt vervolgd of bestraft;")

We presume that in substance the English means the same as the Dutch. In practice it might be difficult to find a

direct Dutch rendering of the English words.

Article 16 (2)

English: "... shall not be re-surrendered to..."

Dutch: "... may not be re-surrendered again to ..." ("... mag niet opnieuw worden verdergeleverd naar...")

The Dutch appears to contain a superfluous item. It might

be thought desirable to omit "opnieuw" ("again") here.

Article 16 (2)

In the English the punctuation mark ":" appears after

"unless", but the Dutch is unpunctuated at this point.

It