TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 93

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CONFIDENTIAL

14(2)(b) of the Fugitive Offenders Act 1967.

However, if the Treaty

is to be with China, or Hong Kong is to be treated as

a "foreign

state", you might wish to follow the wording of section 18(1)(b) of the 1989 Act and drop the word "lesser" from Article 14.

Article 2(1) of the Model Treaty contains a list of the descriptions of offences in respect of which the parties will grant extradition, provided that the offence for which the fugitive is sought carries penalty, in both jurisdictions, of "more than one year, or by a more " (Section 1 of the 1989 Act refers to a term of one severe penalty. year). I would prefer that the list be dropped and that extradition be granted for behaviour which if it occurs in either jurisdiction would amount to an offence punishable by imprisonment for one year

or by a greater penalty.

(8) I note that in Article 6, the provision contained in section 6(1)(b)

of the 1989, namely, "an offence under military law which is not also an offence under the general criminal law", is omitted.

(9)

If the agreement is to be deemed to be with China, or if Hong Kong is to be treated as a foreign state the provision contained in section 4(2)(b) of the 1989 will have to be kept in mind.

2.

TRANSITIONAL DIFFICULTIES

Presumably arrangements will be made in respect of extraditions pending on

the date of the transfer of sovereignty.

Nothing further occurs to me at present.

Drive

W PALMER

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DEPUTY CROWN SOLICITOR

CONFIDENTIA