CONFIDENTIAL
untranslated documents.
15.
Article 11
No comments were made.
16. Article 12
Paragraph (1) Mrs Rutherford said this needed expansion to cater for the case of a convicted fugitive. Under the Extradition Act the Home Office would require evidence of his conviction and that he appeared to be at large, and they would expect to have to provide this material in respect of any request that they might make. Miss Brooks suggested splitting the paragraph into two parts:
(a) "In the case of a person not already convicted and sentenced if....
(b) "In the case of a person already convicted there is..........."
Paragraph (2) Ms Rutherford said that the Home Office generally prefer to operate on the basis that the requested party informs the requesting party where and when the fugitive will be available for collection by them. But they could live with this provision; it is unlikely to pose a practical difficulty.
Paragraph (3) Ms Rutherford said in order to reflect the terms of our Extradition Act "thirty days" should be replaced by "one month". We will have to find a number here to answer the requirements of both legislatures.
17. Article 13
Ms Rutherford said we should warn the HK delegation that it will be necessary for the HK authorities to submit a Letter of Request for the transfer of "articles" in order to meet the requirements of our Criminal Justice (International Co-operation) Act 1990. Miss Brooks agreed to draft a phrase to add at the end here stating "providing the requesting party has put this forward in a Letter of Request".
18.
Article 14
Ms Rutherford said it would be desirable to add a new final sentence, along the lines of "having left it. Nor shall he be for any other reason restricted in his personal freedom." She felt this to be a vital humanitarian safeguard as well as a traditional component of the speciality rule.
In relation to item (b), she said the Extradition Act
CONFIDENTIAL
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