23-APR-1993
16:31
BRITISH EMBASSY PARIS
16 1 42 66 91 42
P.21
i8
2.
ON THE ABSENCE OF A TREATY PERMITTING EXTRADITION TO HONG KONG
The recourie is based on the Treaty of 14th October 1876 between France and Great Britain.
By this treaty, as amended on 13th February 1996 (sic), the "High Contracting Parties undertake to hand
over to each other individuals ... under the conditions provided for in this Treaty (please refer 10 English
text]."
Article to refers to a specific prococure concerning procedures for extradition in the colonies or other
foreign possessions of the two high contracting parties.
One must acknowledge that at the time of the signature of the treaty, and when it was ratified in 1876.
Hong Kong had no link with the British government; the rights of the Crown over Hong Kong result only
from a lease granted by China for 19 years, by the Treaty of Peking of 1800 (on this point que N'Guysa
Alela Dallas, Denis International Dublin sunsad sharia,
China Nisch
་་་་
Bawiah Millas
for
MA 740 -- 17. EMMIN SEWN/VOW MYATAE MYS VAN MEN
K 4
ong Dentemen
Fets: Sitam, Annmulie Frangul de Cruli imeravionui 1963 p.
167).
Can one really think that a treaty s gned in 1876 and referring to the British colonies at the time could
refer to a territory leased only in 1.3977
In addition, can one really consider that the Territory of Hong Kong constitutes a "true" colony within
the meaning of International public law? The territory is only, as mentioned above, Icased to the British
Crown for a limited period of time; on the other hand, one must remember that the People's Republic
of China always considered that the Territory of Hong Kong is not within the category of non-autonomous
colonial territories, a position which was ratified hy the Committee for De-colonisation and the General
Assembly of the United Nations in 1972 (see again N’Guyen Quoc Dinh - Patrick Dailler - Alain Pelle
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