CONFIDENTIAL
The second sentence of this Article seems to go too far, given that the arrangement is supposedly between the UK and the Special Administrative Region only. Chinese nationals are, as far as we are aware, now extraditable from Hong Kong, although this is obviously more of an academic than a real facility. Is there any scope for movement, for example so as to limit the right to refuse extradition to holders of SAR passports?
Article 5(3): we suggest that this may need some clarification. We do not see how a conviction in the requesting party could ever be set aside under the law of the requested party.
Article 6: we should have to include, either here or in Article 15, a reference to exclude offences against military law.
Article 7: in order to satisfy our Extradition Act, we should have to provide that requests from Hong Kong must be received through the diplomatic channel. Our more general comments about the status of Hong Kong in respect of this proposed arrangement are also relevant here.
In relation to paragraph 3, we would not insist that the full prima facie evidence must accompany the initial request, although it would have to be received within a period of time specified by the magistrate, following receipt of the original request and the issue by the Secretary of State of an authority to proceed, so that committal proceedings may be held. Articles 9(1) and 12(1) would be sufficient for our purposes.
Article 8(1): we suggest that a request for provisional arrest should be accompanied by identification details. It could be argued that "further information" would encompass this, but we believe that the requirement should be made explicit.
In relation to Article 8(3), 45 days is rather longer than we would normally allow, but probably not unacceptably so.
Article 9(2): section 12(5) of the Extradition Act allows us to take into account the nationality, citizenship and ordinary residence of the fugitive when considering competing claims. This may be covered by the words "in so far as its law allows having regard to all the circumstances including...........'
Article 10(1): questions of certification give rise to major difficulties here, which we are hoping to put right in the forthcoming Criminal Justice Bill. In particular, in order to comply with our current requirements, all documents must be signed, not
CONFIDENTIAL
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