10
(c)
the criminal justice system in Malaysia is considered responsible, effective and reasonable, with convictions being made on the basis of reliable evidence. It is noteworthy in this connection that we are prepared to provide criminal legal assistance to China, without any death penalty assurances when certain serious crimes are committed in Hong Kong, yet China's criminal justice system is thoroughly unsatisfactory and considerably worse than Malaysia's. There is a significant difference, of course, between delivering the person concerned and providing judicial assistance. Nevertheless, the end result may be the same, particularly if the assistance provided consisted of the only or main evidence against the accused person. This would frequently be the case; and
(2) in 1997, HMG agreed to the extradition for murder of one Gan Tua-soon from Hong Kong to Singapore on the basis of assurances that Hong Kong's views would be taken into account when commutation came to be considered. (HMG made it clear that this form of assurance would certainly not be sufficient if it were a qu stion of Gan's extradition from the U.K.. to Singapore.
To further points are relevant. One of the general principles lying behind the system of extradition is that people must abide by the criminal law of the place where they happen to be and if they violate the laws of that place they should be returned to face trial and punishment. Secondly, it might be open to us to refuse extradition in death penalty cases on alternative grounds provided for in Articles 3 and 15 of the model agreopont de Mezerves the right to refuse the surrender of nationals and Article 15 perraits the requested Pang to Lethon : ur endee it is would
Executive Coun
No comments yet.
Private notes are available after approval.