JL
3. We also spoke about new draft Article 17 which I have proposed (see point 28, Transitional Provision).
I am concerned that if we put in the reference to 1 July 1997 that there could be a problem. It leaves unclear what happens to offences committed after 1 July 1997 but before the coming into force of the Agreement. I think it would be best to substitute "the coming into force of this Agreement" in place of "1 July 1997". Alternatively, you may wish to consider the helpful proposal put forward by Mr Palmer, Deputy Crown Solicitor, Royal Courts of Justice, Belfast who, in his letter to Mr Garrett, Hong Kong Department, of 6 December 1993, suggests the transitional provision based on the UK/USA Extradition Agreement, Article XVI (2) (slightly adapted by me):
"This Agreement shall apply to any offence committed before or after this Agreement enters into force provided that surrender of fugitive offenders shall not be granted for an offence committed before this Agreement enters into force which was not an offence under the laws of both Contracting Parties at the time of its commission".
You and Mrs Evans may wish to consider this alternative.
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I look forward to receiving your comments on these and other points in the brief.
Yours smcently,
Shelagh Brooks
CC:
Miss Wendy Wyver, HKD, FCO
Shelagh Brooks
Ms Sally Evans, Home Office Legal Advisers
Mr David Goodwin, NTCD
Mr Charles Garrett, HKD, FCO
Mr Richard Mash, Solicitors Office, HM Customes & Excise Mr Adams, Crown Prosecution Service
Ms Howse, Serious Fraud Office
Mr McFadyen, Crown Office
Mr M Sinclair, Scottish Office
Mr Palmer, Crown Solicitor's Office for Northern Ireland
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