TNAG-2584-FCO40-3772-Extradition-agreements-between-Hong-Kong-and-Malaysia-1992 — Page 7

For decision on

譬

23 June 1992

CONFIDENTIAL

HKC

384/6

Blue Volume XXXXXI (12)

XCX(92)40

Copy No. 28

&

CM

MEMORANDUM FOR EXECUTIVE

COUNCIL

извили

HONG KONG/ MALAYSIA AGREEMENT ON THE SURRENDER OF FUGITIVE OFFENDERS

THE PROBLEM

On 3 June 1992 we initialled an Agreement with the Malaysian Government on the Surrender of Fugitive Offenders. The Malaysian delegation accepted a slight variant of our proposal on the death penalty. We need to confirm with them whether the revised proposal and the initialled Agreement are acceptable to HKG.

RECOMMENDATION AND ADVICE SOUGHT

2

We recommend that the initialled Agreement, together with the A draft exchange of letters, at Annex A, be endorsed.

3

Members will be asked to advise whether this recommendation should be approved.

B

BACKGROUND

4

On 7 April 1992, after considering memorandum XCX(92)24 at Annex B, Members advised that “HKG should put an alternative proposal to countries which find the model agreement provision unacceptable. The proposal should comprise the two components outined in paragraph 2 of the memorandum." Members also noted that "HKG would continue to press for inclusion of its model agreement provisions on the death penalty in all negotiations other than in those with Malaysia, Singapore and Thailand."

Negotiations

5

We began our negotiations with the Malaysian Government with a full presentation of our proposal on the death penalty. This consisted of including an article in the Agreement restricted to each Government

Executive Council