TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 91

(1)

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Article 6 of the Model Treaty makes provision in respect of the

political offence exemption. Perhaps consideration should be given to

negotiating a provision in the treaty providing that certain offences

shall not be regarded as political offences, eg murder (see the

Suppression of Terrorism Act 1978 (Application of Provision) (United

States of America) Order 1986 and Article 8 of the draft UK/India

treaty). Further, if Hong Kong is to be treated as a Commonwealth

country you might wish to make provision similar to that contained in

section 6(8) of the 1989 Act which provides:

"In relation to a Commonwealth country or a

colony the reference in subsection (1) above to

an offence of a political character does not

include an offence against the life or person of

the Head of the Commonwealth or attempting or

conspiring to commit or assisting, counselling or

procuring the commission of or being accessory

before or after the fact to such an offence, or

of impeding the apprehension or prosecution of

persons guilty of such an offence".

(2)

You might like to seek the inclusion of a provision extending the

application of the agreement to the Channel Islands, the Isle of Man

and to those territories in respect of which the UK is responsible

Article II(1) of the main treaty with

for international relations.

the USA provides as follows:

"(1) This Treaty shall apply:

(a) in relation to the United Kingdom:

to Great Britain and Northern Ireland, the Channel Islands,

the Isle of Man, and any territory for the international

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