July 26, 2013     Africa blogger     "Bakhita"        Previous articles

UNPACKING THE TRANSFER OF SENTENCED PERSONS AGREEMENT

A lot has been said and written about drug mules and sentenced persons serving time in prisons in a foreign land. As a follow up to some of these articles, I have attempted to compile information on Transfer of Sentenced Persons Agreements that facilitate their nationals to continue or complete their sentences in their countries of origin. The Transfer of Sentenced Persons Agreements stem from an International Agreement, (Treaty) known as the Convention on the Transfer of Sentenced Persons.

The objective of this Treaty was to regulate the extradition and social rehabilitation of imprisoned persons. In particular, the Treaty gives foreigners convicted of a criminal offence the possibility of serving their sentences in their home countries.

The transfer of sentenced persons is continuously being seen as a basic human right. This is due to the fact that it is directly related to the right to family life. The international human rights law guarantees this right and several constitutions around the world recognize it in their Bill of Rights.  

There are some sentenced persons in Hong Kong Correctional Institutions who may not be aware that their countries have reached this agreement, i.e. (Agreement between their home country and Hong Kong SAR). There may also be others who may be aware of the existing agreement and may not know where to begin.  

This Article, therefore, puts together basic information about the implementation of this agreement between countries and the government of Hong Kong . The Article has selected certain countries in Africa so as to show the status of the agreement between the selected countries and Hong Kong .  

Should anyone require additional information, I will be happy to do a bit more detailed research so as to provide for the requested information.

It is my hope that Countries, especially countries in Africa consider going into this agreement so as to reunite the sentenced persons with their families and integrate them in the society that they hope to begin their reformed lives.

THE TRANSFER OF SENTENCED PERSONS AGREEMENT

What is it?

The Transfer of Sentenced Persons Agreement, also known as the Prisoners Transfer Agreement, is a bilateral agreement (reached between two countries) to facilitate the transfer of prisoners back to their place of origin to serve their remaining sentences in their place of origin/ country.  

The policy of the Government of the Hong Kong Special Administrative Region (HKSAR) is to facilitate the transfer of prisoners back to Hong Kong or to their places of origin to serve their remaining sentences in a familiar environment which is free from language barrier and where their friends and relatives can visit them on a regular basis.  

This agreement in Hong Kong is governed by the Transfer of Sentenced Persons Ordinance (Cap 513). This Ordinance provides a legal framework for the transfer of sentenced persons (TSP) between Hong Kong and other countries and Macau SAR. Since the Ordinance came into effect in June 1997, the HKSAR Government has signed TSP agreements with 10 overseas jurisdictions and Macau SAR, including the Philippines . (See table below)

 Requirements

In general, each application has to satisfy the following main conditions: 


(1) The act, on which the sentence has been imposed, would also constitute a criminal offence under both Hong Kong SAR Government and the Country of the sentenced person;  

(2) the sentenced person is a national of the receiving country/ country of origin;  

(3) the judgment is final and no further proceedings relating to the offence or any other offence are pending; and
  

(4) there is a tripartite consent to the transfer given by the HKSAR Government, the Government of the Sentenced person and the sentenced person.  

The transferring Government has to provide specified information on the sentenced person concerned, including –  

(a) the legal documents relating to his conviction and sentence,  

(b) the length of sentence already served and the remaining sentence, etc.  

What Next after signing

After signing the Transfer of Sentenced Persons agreement, both parties will take appropriate measures to inform the sentenced persons of the application arrangement for transfer to their places of origin and the basic conditions for their consideration.  

Depending on individual circumstances, the sentenced persons may also make enquiries with their respective embassies in the country concerned.

STATUS OF AGREEMENT BETWEEN HKSAR AND SELECTED AFRICAN COUNTRIES

               Transfer of Sentenced Persons Agreement between Hong Kong and other countries As at 23.05.2013

Source: Department of Justice, International Law Division  

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