TNAG-2584-FCO40-3772-Extradition-agreements-between-Hong-Kong-and-Malaysia-1992 — Page 2

•4

The mode' agreement subsequently agreed with the Chi side and approved by Memb rs contains the following Article 4 -

5

"If the offence for which surrender of a fuitive offender is requested under this Agreement is punishable according to the law of the requesting Party with the death penalty, and if in respect of such an offence the death penalty is not provided for by the law of the requested Party or is not normally carried out, surrender may be refused unless the requesting Party gives such assurances as the requested Furty considers sufficient that this penalty will not be imposed or if imposed will not be carried out."

In May 1991 we began negotiations with Malaysia on the basis of the model agreement. If they are successful we hope to conclud.. agreements with two other countries in the region, Singapore and Thailand, which have similar attitudes to the death penalty. There are existing arrangements with all three countries. In relation to Malaysia and Singapore, extradition takes place under the U.K's Fugitive Offenders Act 1967 as extended to Hong Kong - that is to say the Commonwealth scheme for the surrender of fugitive offenders. The legislation confers on the Governor a discretion not to order the return of a fugitive offender "if that person could be or has been sentenced to death ... in the country by which the request for his return is made". In relation to Thailand the relevant arrangement is the bilateral treaty between the U.K. and Thailand, which has been extended to Hong Kong. That treaty gives no discretion to refuse surrender for death penalty offences and accordingly Hong Kong (and the U.K.) would be in breach of the treaty obligations if extradition to Thailand were refused on these grounds.

6

Extradition statistics for the seven years 1985-91 are -

Malaysia Singapore Thailand

Requests received from Requests made to

1

1

2

2