CONFIDENTIAL
Akk 180/2
RECEIVED IN
29 MAY 1986 FROM : PAUL FIFOOT
WEAK OFFICER INDEX
ERY DATE
Tardn Action
17
DEPUTY LEGAL ADVISER
21 APRIL 1986
: Mrs Denza
Miss Brooks
Mr Whomersley
Mr Bedford, HKD
LOCALISATION OF CIVIL AVIATION LEGISLATION IN HONG KONG
1.
In so far as the Acts giving effect to the Tokyo, Hague and Montreal Conventions deal with unlawful acts committed in or in relation to aircraft, there should be no problem. Once Hong Kong has the power to legislate in relation to civil aviation, that power would include the power to legislate in respect of such unlawful acts. The UK legislation, however, also deals with extradition. The Hong Kong law of extradition is the UK Extradition Act 1870 and the UK Fugitive Offenders Act 1967. Unless and until an order has been made under the Schedule to the Hong Kong Act 1985 giving power to Hong Kong to legislate in relation to extradition, there must be, to put it at its lowest, a substantial doubt as to the power of Hong Kong to legislate in relation to those aspects of the hijacking and protection of aircraft Acts under the title "civil aviation".
2.
I know from conversations with members of the Hong Kong Attorney-General's Chambers that they are aware, in general, of a general extradition problem though I do not know whether they have focussed on this particular aspect of it. You will need to put this down as a marker for discussion. At this stage I should caution that it may not be straightforward or simple. Apart from Commonwealth "extradition" - which is effected under a "scheme" which is based on an understanding not a treaty, extradition arrangements so far as the UK is concerned are based on treaties. Leaving aside the political aspects of extradition treaties (which amongst other things involves an assessment of the defensibility of the legal processes of the other state) would we want to contemplate another "unscrambling" exercise?
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Paul Fifoot
CONFIDENTIAL