TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 136

Article IV

In (1) (e), I would point out that the European Convention refers to convictions or acquittals in a third State as well as in the Requested Party.

Concerning Paragraph (1)(h), I have already pointed out that this paragraph should be modified if fiscal offences are to be included within the scope of the Agreement.

Article V

In paragraph (2), it may be helpful to add to the list a reference to the identity of the person being investigated or prosecuted.

Article VII

In paragraph (2), would it be worth adding to the exceptions the costs of transfer of a person in custody, as in the European Convention? This is clearly a matter for the Home Office.

Article VIII

It seems to me that it would be useful to add a stipulation that documents supplied should be returned as soon as possible.

Articles XII, XV, XVI, XVII

It seems to me that these Articles are interlinked, and that there may be one or two discrepancies at present.

I take it that Article XII could cover the service of a summons requiring a person to appear as a Defendant. If this is so, then somewhere there would need to be details of the immunity to be given to such a summonsed person, as in Article 12 of the European Convention. Possibly, this should be in Article XVII(?).

In paragraph (1) of Article XVII there is reference to "or civil matter". The European Convention simply states "shall not be prosecuted or detained or subjected to any other restriction of his personal liberty...... in respect of acts or convictions anterior to his departure". I am not sure whether the European Convention (Article 12) is understood to cover civil matters, as opposed to prosecutions and other public law actions taken by the State. I am not an expert on matters of civil law, but am not entirely clear how the UK would stop someone from being imprisoned in respect of a civil matter, in those rare cases where a person may be subjected to such a penalty in respect of UK civil

This is no doubt a matter on which others

proceedings.

can advise.

In paragraph (2) of Article XVII, there is an exception in the case of a person in custody transferred under Article XV. However, Article XV envisages that a person in custody may be released by the Requested Party. In that case, such a person would be at liberty to leave the Requested Party and there would therefore be an