Paragraph (4)
12)
UK to propose provision (at least in relation to requests made by UK) that the Requesting Party provides a
statement indicating whether or not the conviction was obtained in the accused's presence. The provision which would be new sub-paragraph c) would read:
"(c) a statement indicating whether or not the conviction was obtained in the accused's presence.".
Article 8
14)
Paragraph (1)
UK to suggest that a request for provisional arrest should be accompanied by identification details. The UK proposes the addition of the words "including details identifying that person" to be added after the words "such further information" in the second sentence.
Article 9
15)
Paragraph (2)
The UK to explain that the Extradition Act 1989, section 12 (5) allows the UK to take into account the nationality, citizenship and ordinary residence of the fugitive when considering competing claims. The nationality of the persons sought is already referred to in this paragraph. It is proposed to add after the words "the nationality", the words "citizenship and ordinary residence".
Fall Back
An alternative if Hong Kong do not wish to do this would be simply to delete the reference to nationality and explain to Hong Kong that we understand that the words in this paragraph which read "in so far as its law allows having regard to all the circumstances including" would allow the UK to take into account the nationality, citizenship and ordinary residence of the fugitive.
Article 10
16)
17)
18)
Paragraph (1)
At present the UK has major difficulties with questions of certification. In order to comply with the requirements of UK legislation it is necessary for the UK to have the original of the warrant.
Paragraph 1(a)
The UK here requires that all documents be signed not just warrants.
Paragraph 1(b)
The UK requires that the official seal is the seal of the Ministry of Justice or a Minister of State of the Requesting Party.
No comments yet.
Private notes are available after approval.