TNAG-2954-FCO40-4231-Extradition-cases-from-the-UK-and-France-to-Hong-Kong-Lorrai-1993 — Page 130

10-FEB-1993 16:30

LEGAL-PROSECUTIONS 7/F

1. Specialty

2.

+ 852 877 3365

P.09

The doctrine of specialty is applied in all

extradition cases in Hong Kong. This means that in

the absence of the consent of a requested state,

only charges which correspond to reflect the

conduct alleged in the offences for which a

fugitive is returned can be the subject of any

trial in Hong Kong.

The Bill of Rights

Since the orders of the French courts recommending

Saniman's extradition, Hong Kong has in place a

Bill of Rights which came into force in June 1991.

This legislation enshrines certain fundamental

rights and freedoms and guarantees inter alia the

following :-

(a) the right to trial within a reasonable time

(Article 5(3) and Article 11(2)(c));

(b) the right to be protected against arbitrary

detention (Articles 5 and 6);