TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 24

Article 14

23)

24)

25)

Paragraph (b)

UK to explain that the Extradition Act 1989 envisages that proceedings can be brought upon return for any other offences disclosed by the same facts, other than those in respect of which return could not have been lawfully ordered. UK accordingly proposes addition of the words "other than one in respect of which his return could not have been lawfully ordered" to the end of this paragraph.

Paragraph (c)

UK to explain that under the Extradition Act 1989, section 6(b), consent may not be given if it appears that an order for return could not lawfully have been made or would not in fact have been made. The Secretary of State's discretion to order surrender must remain unaffected. UK would like therefore to add a new paragraph, paragraph (2). (The present Article would become paragraph 1). Paragraph 2 would read:

The

"(2) Consent shall not be given by a requested Party under paragraph c) above in respect of an offence in relation to which an order for the return of the fugitive offender could not lawfully be made, or would not in fact be made.".

Additional Last Sentence

UK to propose addition of new last sentence to existing Article 14. This would be an important humanitarian safeguard as well as being a traditional element of the speciality rule. It would read:

"Nor shall he be for any other reason restricted in his personal freedom.".

Article 15

26)

27)

UK to explain that the inclusion of paragraph (d) arguably restricts, in relation to the UK, the Secretary of State's general discretion to refuse surrender. Paragraph d) should be expanded to read:

"d) without prejudice to the Requested Party's general discretion to refuse surrender in a particular case, because there exist valid humanitarian grounds

Territorial Application

+

UK to propose provision for the territorial application of the treaty to the Channel Islands, Isle of Man and other UK dependent territories if they agree to such extension. UK accordingly propose adding a new Article 16, (Article 16 would become Article 18) which would read: