TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 23

19)

Paragraph 2

UK to propose that the second sentence is deleted. not realistic to expect courts to accept untranslated

It is

documents.

Article 12

20)

21)

Paragraph_1

UK to point out that this paragraph does not clearly cover the case of a convicted fugitive. It should be clarified. In the case of such a fugitive, under the Extradition Act 1989 evidence of his conviction and that he appears to be at large would be required. The UK would provide this evidence if it made a request to the HKSAR. In consequence, the UK proposes to amend this paragraph to

read:

"1) A fugitive offender shall be surrendered only if:

a) in the case of a person not already convicted

there is sufficient evidence provided, according to the law of the Requested Party, to justify the committal for trial of the person sought if the offence of which he is accused were committed in the territory of the Requested Party;

b) in the case of a person already convicted by the

courts of the Requesting Party, there is sufficient evidence provided showing that he appears to be so at large and that he is the person convicted by the courts of the Requesting Party.

[NB No need to include reference to evidence of the person's conviction as this is not required by the Extradition Act 1989, section 8b), and the requirements of section 7(2) (d) are satisfied by Article 4(a).].

Paragraph 3

UK. In order to reflect requirements of Extradition Act 1989, "thirty days" should be replaced by "one month".

Article 13

22)

Paragraph (1)

UK.

In order to meet requirements of UK's Criminal Justice (International Cooperation Act) 1990, the HKSAR authorities would need to submit a letter of request to the UK requesting all articles referred to in Article 13 be transferred to them. In consequence, the UK propose adding at the end of the paragraph "provided the Requesting Party has first requested these articles by letter of request.".