CONFIDENTIAL
XCX(92)24
agreement) or humanitarian' grounds (see Article 15 of model agreement). Alternatively, the exchange of letters could record that the requesting government would withdraw its request if it was not able or willing to commute the sentence.
Members will be asked to advise whether this recommendation should be approved. We will, of course, continue to press for inclusion of our model agreement provisions on the death penalty in all negotiations other than in those with Malaysia, Singapore and Thailand.
BACKGROUND
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On 25 February 1992 after considering memorandum XCX(92)12 (at the Annex) Members advised that -
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(a)
(b)
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the Malaysian counter-proposal to the Hong Kong model agreement was unacceptable; and
a new proposal should be submitted as to how extradition agreements could nevertheless be concluded with countries which could not accept the model agreement provision and which would, at the same time allow HKG to refuse the surrender of fugitives - liable to execution.
The Malaysian counter-proposal is as follows - "When the offence for which surrender is sought is punishable by death under the laws of the requesting Party and is not punishable by death under the laws of the requested Party, the requested Party may refuse surrender, unless
(a) the offence constitutes illicit trafficking in
dangerous drugs; or
(b) the offence is one involving firearms, ammunition
or/and explosives and threatens the security of the requesting Party."
Executive Council
No comments yet.
Private notes are available after approval.