TNAG-2584-FCO40-3772-Extradition-agreements-between-Hong-Kong-and-Malaysia-1992 — Page 45

For decision on

7 April 1992

CONFIDENTIAL

on this

ANNEX-B

Blue Volume XXXXX (12)

XCX(92)24 Copy No. 20

MEMORANDUM FOR EXECUTIVE COUNCIL

EXTRADITION: DEATH PENALTY

THE PROBLEM

Hong Kong's model extradition agreement provides that surrender for death penalty offences may be refused in the absence of assurances from the requesting jurisdiction that the death penalty will not be carried out. Such a provision is unacceptable to Malaysia and will probably also be unacceptable to other important regional countries such as Singapore and Thailand. It is important that an acceptable compromise solution be reached.

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that HKG should put an alternative proposal to countries which find the model agreement provision unacceptable. The proposal would have two components -

(a) the extradition agreement itself would contain a provision that the requesting Party will take into account any representations of the requested Party in relation to the carrying out of the death penalty;

(b)

an exchange of letters would record that, whenever the surrender of a person from Hong Kong for a death penalty offence was sought, Hong Kong would immediately ask the requesting government to indicate whether it would commute the death penalty if the fugitive were surrendered, convicted and sentenced to death. At the same time Hong Kong would, pursuant to the provision referred to in (a) above, represent that the death penalty should not be carried out. If the requesting government were to reply that the death penalty would not be commuted, the exchange of letters would record that surrender would be refused either on 'nationality' grounds (see Article 3 of model

Executive Council

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