Funny to read the comments on the other expats sites.
firstly ZD isn't being extradited to face a trial. He is a convicted criminal. The UK in extraditing to territories NOT in category 1 or 2 will do so only if a 3 year prison term has been determined. This is the case for ZD. The civil suit has nothing to do with the extradition. What happens about that is a separate matter. ZD tried to claim that as the UK has no formal diplomatic relations there should be no extradition. The claim was denied by the court. There has never been a requirement to have diplomatic relations.
Also, many UK nationals have renounced their UK citizenship to become ROC Citizens. There must be channels to do this that are recognized in both the UK and Taiwan.
Blackcrusader was not allowed to renounce automatically, the Australian government determined that to do so he must become a Citizen of another country. The immigration Act of Australia recognizes that Taiwan is considered a country, but that the Australian Goverment does not hold formal diplomatic relations with the ROC Goverment. Therefor application for renunciation was approved.
So for those who think ZD will says jail is too harsh for his sorry coloured arse, he may want to review this case. He claimed Thai jails were in breach of European standards and therefor should not be extradited. He lost his appeal in the High Court.
http://www.telegraph.co.uk/news/worldne ... harge.htmlhttps://www.gov.uk/extradition-processes-and-review Dual criminality test‘Dual criminality’ means that for someone to be extradited, their alleged conduct has to be a criminal offence in both the surrendering and the requesting state.
There is a list of 32 categories of offence for which the dual criminality test is not needed. The offence must carry a maximum sentence of at least 3 years in the requesting state.
If the offence isn’t covered in this list, it must be an offence in both the surrendering and requesting state. Also, if the conduct was carried out outside the requesting state, it must be an offence in both the issuing and executing states.
Extradition requests: what’s requiredWhen an extradition request is made to the Secretary of State if it’s ‘valid’, the Secretary of State will issue a certificate and send the request to the court.
The request will be valid if it is for a person accused or convicted of an offence, and if it’s made by an appropriate authority, such as a diplomatic or consular representative.
Special arrangements where there is no extradition treatyEven if there is no formal extradition treaty with a country, it may still be possible to make an extradition request.
The Home Office liaises with that country via the FCO, to find out if their domestic law allows for extradition, and if so, what documents are needed.
Sometimes a one-off arrangement has to be in place before a request can be processed. In effect this involves negotiating a mini-treaty, known as a ‘special arrangement’.