Commentary on CSAs Proposed by the Administration
1. Clause 2(1)
The CSAs amend the definition of "arrangements for the surrender of fugitive offenders" to enable arrangements to be made which relate to the surrender of one person. Any such arrangements would, of course, need to be the subject of an order under clause 3(1) before they could operate. A more detailed explanatory note on the need for this amendment has been given to the Bills Committee and is attached for ease of reference.
2. Clause 3(7) and (7A)
The CSAs replace the extant clause 3(7) with a new clause 3(7) and (7A) to give greater latitude to fixing the date on which an order under clause 3(1) may be brought into operation. The amendments are purely technical and, of course, the restriction is retained that no such order may be brought into operation before the expiration of the period that LegCo has for repealing it.
3. Clause 21
The CSAs make a technical amendment to clause 21 to reflect the fact that warrants of arrest are not normally issued in Hong Kong in order to effect the re-arrest of persons who have escaped from prison or legal custody.
4. Clause 22
The CSAs make technical amendments to clause 22 in view of other CSAs proposed to clauses 11 and 12, and also to reduce the number of forms which have to be prescribed by way of regulations under clause 27. (In particular, it is considered that most orders by courts do not need to be prescribed).
Commentary on CSAs Proposed by the Bills Committee
1. Clause 5(2) and (4)
The CSAs amend clause 5(2) and (4) to make it clear that the references to arrangements in that clause mean prescribed arrangements. In other words, the arrangements for the surrender of fugitive offenders - rather than any separate arrangements - will need to secure that the surrendered fugitive concerned is first given an opportunity to leave the place outside Hong Kong concerned before he is dealt with for any offence other than the relevant offence(s) for which he was surrendered to that place, or before he is re-surrendered from that place to another place outside Hong Kong to be dealt with for other offences.
2. Clauses 5(3) and 6(2)
The CSAs amend clause 5(3) and 6(2) to make it clear that the references therein to "an order for surrender in relation to the person concerned could not lawfully be made" mean could not lawfully be made "under the provisions of the [Bill]".
3. Clause 13(5)
The CSAs add a new clause 13(5) to reflect the provision in the various agreements signed to date with places outside Hong Kong that the Governor may decide to make no order for surrender in the case of a fugitive the subject of a relevant offence punishable with the death penalty unless the place outside Hong Kong concerned gives the Governor an assurance which satisfies the Governor that that penalty will not be imposed or, if imposed, will not be carried out.
Last Updated on 18 Apr, 1997