TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 20

1

5)

Paragraphs 1 and 2

The UK would like to know what is envisaged by the references to "other form of detention" and "detention". The UK would wish to include escaped offenders who are the subject of detention under the Mental Health Act. Do the references include, in respect of Hong Kong, detention by the ICAC?

Article 3

6) UK. It is not UK practice to withhold extradition of our

own nationals. We would wish not to have such a provision in the Agreement.

Fall Back

7)

If HK are unable to agree, UK will propose inclusion of a new paragraph 2 in Article 3 (the present Article 3 becoming paragraph (1)) to the effect that the requested state will consider the exercise of extraterritorial jurisdiction to try the case itself. This means that state must take steps to give itself the necessary jurisdiction. The proposed language would read:

[?

"2.

If the Requested Party refused to surrender its national, it shall, at the request of the requesting Party, submit the case to its competent authorities in order that proceedings may be taken if they are considered appropriate."

does this undermine our line on extraterritorial offences in connection with extradition crimes? See pt 3) on Article 1, last sentence].

UK to ask HK if they are able to confine the right to refuse extradition to Chinese nationals with right of abode in SAR instead of covering what will be all Chinese nationals?

Article 5

8)

Paragraph (3)

UK to ask HK for clarification.

In what circumstances

would convictions be set aside? Is it HK's intention to cover previous acquittals and convictions?

9) New Paragraph (4)

UK would like to see provision that requests for surrender are to be dealt with in accordance with the law of the Requested Party, and that no-one shall be surrendered until it is decided, having regard to any law as to the sufficiency of evidence and to the expiration of any further period which may be allowed (ie for appeal proceedings) that the person is liable to be surrendered. The proposed new paragraph (based on the UK/India Extradition Treaty, Article 10(2) would form a new paragraph 4: