TNAG-2902-FCO40-4176-Extradition-agreements-between-Hong-Kong-and-Malaysia-1993 — Page 11

06-JAN-1993 11:47

FCO N.T.C.D. LONDON

28 December 1992

Jim Martin Esq NTCD

FCO

071 270 4064

P.01

嫩

British Embassy Washington

2.

Dear Mathin

EXTRADITION: UK/INDIA AND HONG KONG/MALAYSIA

3100 Massachusetts Ave N,W, Washington D.C. 20008-3600

Telephone: (202)

Telex: RCA 211427 or 216760-WUT 64224

Facsimile: (202)

1. Harry Marshall at the US Department of Justice has sought our advice on certain matters concerning the new extradition treaties between the UK and India and between Hong Kong and Malaysia. His interest stems from the fact that the US is presently negotiating extradition treaties of its own and expect these same issues to arise. The questions are as follows:

UK/India. The text (of which Marshall has a copy) makes provision for the country of asylum to opt not to extradite the fugitive, but rather to try the individual themselves. DOJ are interested to know how the country of asylum could claim jurisdiction in such a case (the Bonn Convention on Hijacking excepted)?

Hong Kong/Malaysia. DOJ do not have the text of this treaty. Their interest is focussed on how this agreement dealt with the extradition of nationals and how Hong Kong accommodated the very harsh penalties (death) imposed by Malaysia on drug traffickers.

I should be grateful if you could let me have a reasonably early response on the three questions Marshall, has put to us.

Your eve

~ fichue

MG Snell

Discussed with HCD

They will deal

میارم