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given that a person whose sentence expired during the trial would then be detained under the Immigration laws. Miss Brooks said this would be alright, as there is no obligation on the Requested Party to consent to the transfer. The US and Caymans MLATS have a similar provision (Article 2b - "shall return the person to the custody of the Requested Party no later than the date on which he would have been released from custody in the territory of the Requesting Party.) This provision should be borne in mind as a possible alternative. She suggested omitting the end of the subpara, i.e. the phrase "which shall ensure the person's release from custody".
At the negotiations
Paragraph (1) Line 4: correct "Requesting" to "Requested"
Paragraph (2) consider omitting the final phrase "which shall ensure the person's release from custody" OR replace this provision with one on the lines of US MLAT Article 11 (2) (b).
9.
Article XVI
No comments.
10. Article XVII
Paragraph (1) Mrs Evans was concerned that in theory this would allow a person to be detained for an offence committed after leaving the territory of the Requested Party in respect of which that Party has extra-territorial jurisdiction.
Mrs Evans wanted "or civil matter" omitted from line 4. She pointed out that it would be difficult to prevent courts or private persons in civil proceedings from taking action, though such actions would be comparatively unlikely to involve detention or restriction of personal liberty. She would like the HK delegation to clarify their intention here and consider whether another form of words could meet their needs which would not cause us this problem.
Mrs
Mr Mash wondered whether this subpara included a person summonsed. Miss Brooks said that Articles XV and XVI would include someone served with a summons under Article XII. Evans felt that this would be made more explicit by the replacement of "Articles XV and XVI" in line 2 with "this Agreement". Miss Brooks agreed.
It was felt that "while he is in the territory of the Requested Party whilst giving assistance under this
agreement" should be added at the end after "Requested Party".
B
Paragraph (2) No comment
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5
No comments yet.
Private notes are available after approval.