TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 82

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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 China might prefer definition to cover public interest; suggested bringing (a) and (f) together into one subpara.

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(b) GS suggested broadening scope by adding "or an 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 the additional protocol to Article 2 of the European Convention.

(3) Death Penalty - ask HKG for clarification.

Article V

add "and the name (s) of the person(s) to be

(2) (c) prosecuted.

(3) Clarification needed on the limits of confidentiality.

(4) SB - Ask for clarification.

Ideally, would stipulate

that all documents in support of a request should be submitted in "an official language of the requested party".

Article VI

(1) & (3) WW

here.

(2)

www

-

to establish if there is a need for DTI input

replace in line 1 "in accordance with" with "subject to"

"directions stated" - ask for clarification 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 build in to the text more overt powers of discretion to decide this.

(3) RB suggested replacing "of an extraordinary nature" with "disproportionate".

CONFIDENTIAL