India signed an agreement on “transfer of sentenced persons” with Hong Kong Special Administrative in New Delhi. Under the agreement, the two sides will exchange sentenced prisoners in each other’s authority. India has prisoner exchange agreement with other countries also but none with China.
POINTS TO BE NOTED UNDER THIS AGREEMENT
- Sentenced persons, who have been sentenced for criminal offences will get the option to serve their convict within their own society.
- There is a stipulation that death penalty has not been imposed on him or her while transferring the sentenced person.
- If death is imposed that has been commuted, the judgement is final and no inquiry any other criminal proceeding is pending against the sentenced person in the transferring party.
- If the sentenced person has expressed an interest in being transferred to own nation then transferring party will send the following information and documents to the receiving party
– The name
– Nationality and residence status,
– Date and place of birth of the sentenced person and his address in the receiving Party,
– Statement upon which the sentence was based, the nature, duration and date of commencement of the sentence.
Currently there are 93 Indians in Hong Kong jails and out of them 17 are sentence for drug dealing while remaining prisoners have been jailed for minor offenses like immigration law violation.