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draft a form of words.
Paragraph (3) - Ms Rutherford said we would not insist that the full prima facie evidence must accompany the initial request, though it would have to be received within a period of time specified by the magistrate, following receipt of the original request and the issue by the Secretary of State of an authority to proceed, so that committal proceedings may be held. Articles 9(1) and 12 (1) would suffice for Home Office purposes. Miss Brooks said we should tell the HK delegation this as it might be helpful to them to omit this provision. Mrs Evans undertook to speak to the CPS and SFO about this.
12. Article 8
Paragraph (1) - Ms Rutherford suggested that a request for provisional arrest should be accompanied by identification details. She thought the requirement for this should be made more specific than "further information" here. Miss Brooks agreed, and suggested the addition of the phrase "including details identifying that person" after "further information".
Ms Rutherford said 45 days was longer than the Home Office normally allowed, but not unacceptably so.
Paragraph (3)
13. Article 9
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Paragraph (2) - Ms Rutherford said Section 12 (5) of the Extradition Act allowed the Home Office to take into account the nationality, citizenship and ordinary residence of the fugitive when considering competing claims. She would like to insert the words "citizenship and ordinary residence" after "nationality" here. As a fallback she would like "nationality" deleted, as there is scope to argue that "in so far as its law allows having regard to all the circumstances including....
11 could cover these concerns.
14.
Article 10
Paragraph (1) - Ms Rutherford said questions of certification gave rise to major difficulties here, which the Home Office are hoping to put right in the forthcoming Criminal Justice Bill. In particular, in order to comply with our current requirements, all documents must be signed, not just warrants, and the seal must be that of the Minister of Justice or a Minister of State. We cannot at present accept copy warrants, but should be able to after the Bill is passed. We should highlight this to the Hong Kong delegation as a potential difficulty.
Paragraph (2) - Ms Rutherford wanted the last sentence deleted, as it is unrealistic to expect courts to accept
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