HONG KONG, June 28: India and Hong Kong today signed an extradition treaty, laying down conditions for the surrender of fugitive offenders from one country to the other.

The agreement was signed on behalf of the two governments by Veena Sikri, Consul-General of India and Peter Lai, Secretary for Security, Hong Kong. It has been approved by the Sino-British Joint Liaison Group and will remain in force after Hong Kong reverts to Chinese rule on June 30.

The treaty comes into force just a month after CRB Chairman Bhansali, who had fled to Hong Kong in the wake of the multi-crore scam, surrendered to the Central Bureau of Investigation (CBI).

India has already signed similar agreements with seven other countries, including Belgium, Bhutan, Canada, Nepal, the Netherlands, UK and USA. Minister of State for External Affairs, Salim Sherwani, wrapped up the treaty with the US just a couple of days ago. Hong Kong has signed extradition treaties with eight other countries.

``The agreement will create an environment of trust and amity conducive to fostering close bilateral relations between the two countries, especially in the economic sphere,'' said Sikri. According to her, it would provide a fillip to trade and the flow of investment into India via Hong Kong.

The agreement encapsulates safeguards found in similar international treaties, such as the double criminality rule, which stipulates that the offender must be perceived to have committed a crime under the jurisdiction of both countries. It also lays down that the evidence against the fugitive must be sufficient to justify his being committed to trial, if the offense has been committed in Hong Kong.

The treaty states that the return of the offender may be refused if he is liable to face death penalty.

The specialty clause lays down that the person returned must not be tried for offenses other than those for which he was surrendered. Return will also be refused if the offense in question is of a political character.

The agreement also protects the offender from being forced to surrender to a third jurisdiction, a country other than the two signatories.

Meanwhile, Minister of State for External Affairs, Kamala Sinha, who is here with a delegation to participate in the handover ceremony on June 30, met Hong Kong's Chief Executive Tung Chee-Hwa and exchanged views on bilateral issues. India is among the 46 countries invited to attend the landmark event.

The visit assumes significance in the light of the fact that Hong Kong is India's fourth largest trading partner, the turnover in 1996 having grown by 2 per cent over the previous year, to touch $ 2,711 million, with a strong balance in India's favour.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.