CONFIDENTIAL
(a) - SE said "request" doesn't cover the execution of the request. SB said follows Caymans' model. But could put this in a separate article (see above).
SB to ask HKG for definition of "public order".
SE commented that Hk might prefer definition to cover public interest; suggested bringing (a) and (f) together into one subpara.
(b) GS suggested broadening scope by replacing "an offence of a political character" with "a political offence or offence connected with a political offence", along the lines of Article 2(a) of the European Convention.
(g) SB felt this should be removed and replaced with a separate article on confidentiality.
(h) Dual Criminality RM thought this might be expanded along the lines of Article 2 of the Additional Protocol to the European Convention.
(3) Death Penalty
Article V
ww
ask HK delegation for clarification.
(2) (c) add "and the name or names of the person or persons to be prosecuted".
(3) Clarification needed from HK delegation on the limits of confidentiality.
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(4) SB To ask for clarification from HK delegation.
Article VI
(1) & (3) WW to establish if there is a need for DTI input here.
(2) SB - to ask HK delegation to replace in line 1 "in accordance with" with "subject to"
SB to ask HK delegation for clarification of phrase "directions stated", as to what sort of directions might be stated.
Article VII
(2) - Assume it is the Requested Party who decides what constitutes an "extraordinary expense". Need to draft text under which Requested Party expressly decides what are
CONFIDENTIAL
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