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to go too far, given that the arrangement is supposedly only between the UK and the HKSAR. To the best of Home Office knowledge, Chinese nationals are now extraditable from HK, though this is an academic rather than a real facility. Would there be any scope for movement, for example, to limit the right to refuse extradition to holders of HKSAR passpiorts? Miss Brooks noted that it would be difficult for HK to consider the surrender of Chinese nationals. Mr Garrett agreed, adding that China had insisted in the JLG on the inclusion of this Article. Ms Rutherford suggested a provision to the effect that if extradition was refused on nationality grounds the Requested state must on request submit the case to its own authorities with a view to prosecution if considered practicable.
8.
Article 4
No comments
9.
Article 5
Paragraph (3) - Ms Rutherford said this needed clarification from the HK delegation as to what they intend to cover here, and consideration as to whether this wording achieves their aims. Miss Brooks suggested the deletion of the words "the requested Barty". Ms Rutherford said they could be left in if necessary.
10.
Article 6
Ms Rutherford felt a reference should be included either here or in Article 15 to exclude offences against military law. Miss Brooks was in favour of including it here, in (a), by adding at the end "or an offence against the military law which is not also an offence under the general criminal law", drawing on Section 6(1)(b) of the Extradition Act. She was concerned about powers of detention, and wanted to discuss with the HK delegation the powers of ICAC, because of the potential for abuse of these after 1997.
11. Article 7
C
Paragraph (1) Ms Rutherford said in order to satisfy our Extradition Act, we would have to provide that requests from HK must be received through the diplomatic channel. Miss Brooks suggested replacing "to the appropriate authority" with "through the appropriate channel". Mrs Evans said that "diplomatic channel" would have to be specified in the text of the agreement. Miss Brooks asked if this could be notified at the time the agreement came into force, or put in an accompanting letter if HK stays in Section 5? Mrs Evans preferred to use Section 3/4 if possible. Ms Brooks agreed to
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5
No comments yet.
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