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CONFIDENTIAL

Foreign and Commonwealth Office

London S.W.1

15 February 1974

FLT Graham-Harrison Esq CB

Deputy Under-Secretary of State

Home Office

Whitehall

SW 1

$3

Dear Grehan - Hamisin

Нашом

FUGITIVE OFFENCERS ACT: HONG KONG

1.

Since our meeting in November we have consulted the Foreign and Commonwealth Secretary about the possibility of abolishing the double-criminality rule in the Act in its relation to Hong Kong. We explained that you and the Law Officers' Department were both opposed to any change. Some of the urgency was taken out of the question by the postponement of the Prime Minister's visit to Hong Kong.

2. Our Secretary of State has now decided that in view of your adverse opinion and of the current state of our relations with Hong Kong, Ministerial agreement to any change should not be pursued at the present time. We will be informing Hong Kong accordingly. The FCO still consider that the present rule is in some respects anomalous and could be undesirable in its effects. If circumstances change, for example if further Hong Kong officials seek refuge in the UK from prosecution under the Hong Kong Prevention of Bribery Ordinance, we may have to ask you to consider the question once again. But for the time being we see no alternative to leaving matters as they are.

Yous sucichy

MG de Winton Esq CBE MC

Law Officers' Department Attorney-General's Chambers Royal Courts of Justice WC 2

HFT Smith Esq CMG

Cabinet Office

Шића

(Duncan Watson)

RAR

Prik

1912

CONFIDENTIAL,

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