CONFIDENTIAL
XCX(92)24
ARGUMENT
5
The Malaysian position on this issue would seem to be based on
two factors -
6
(a)
(b)
it would compromise, to an unacceptable degree, the Malaysian system of criminal justice if an extradition agreement to which Malaysia is a Party expressly prevented extradition being granted or the death penalty being carried out in respect of the two very serious criminal offences of dangerous drug trafficking and threats to security with the use of lethal weapons; it would be unacceptable for the discretion of the commuting authority (the Supreme Head of State advised by a Pardons Board) to be fettered by the express terms of an extradition agreement.
Similar considerations may well obtain in the case of Singapore
and Thailand.
7
The proposal recommended in paragraph 2 above might meet Malaysian concerns and, at the same time, would allow us to refuse surrender if the death penalty could be carried out. We cannot be particularly confident that the Malaysians will accept the proposal, but it is worth pursuing, given the importance of our having future extradition arrangements with countries in the region.
8
If it is possible to negotiate such an agreement, we would need to show the Chinese side the text of the exchange of letters, thus preserving our position with them for any future negotiations on rendition.
ATTENDANCE
Mr A.P. ASPREY
Mr D.M. EDWARDS
Secretary for Security
Law Officer (International Law)
30 March 1992
(SBCR 1/2716/80 Pt.19)
COUNCIL CHAMBER
ས་
Executive Council
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