9 December 1993
pa 370/9.
37019
Foreign & Commonwealth
Office
94
Miss Rutherford
RECEN
COTRY
London SWIA 2AH
Home Office
DEC 1993
Queen Anne's Gate
Telephone: 071-
London SW1H 9AT
INK
¿CISTRY dion Taken
Dear Alison
UK/HK SURRENDER OF FUGITIVE OFFENDERS AGREEMENT
1. We spoke this lunchtime about two amendments which I was proposing to make to the draft Negotiating Brief which I sent to you and others for comments.
2.
At point 4 (Article 2, paragraph 1) I had set out our problems with the list approach in the Hong Kong model text. What I had omitted to do, however, was to put in the proposal that we would make in its place. I suggest a new paragraph which would go underneath the General Comment reading as follows:
"UK to propose as alternative that surrender of fugitive offenders would be granted for conduct constituting an offence punishable with imprisonment for a year or any greater penalty under the law of both Parties.".
It occurs to me that this would be a good place to propose any language we may want to put forward on extraterritorial offences. Accordingly, a new draft Article 2, paragraph 1 is suggested below which also takes account of the
extraterritorial point. It is based on the language in the Extradition Act 1989, section 2.
"(1) Surrender of fugitive offenders shall be granted in
respect of conduct constituting an offence, including an extraterritorial offence, which is punishable with imprisonment for one year or any greater penalty under the law of both Parties, except that in the case of an extraterritorial offence, it is additionally required that:
a) it is an extraterritorial offence against the
law of the Requesting Party which is punishable under that law with imprisonment for one year or any greater penalty,
b) the conduct constituting the offence occurred
outside the territory of the Requested Party, and
c) the Requesting Party bases its jurisdiction on
the nationality of the offender".
2
No comments yet.
Private notes are available after approval.