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Procedures for removal under section 2 (b) of the Colonial Prisoners Removal Act 1884
Introduction
Section 2 (b) of the Colonial Prisoners Removal Act 1884 provides for the removal of a prisoner, who belonged to the Royal Navy or Her Majesty's regular military forces at the time he committed the offence for which he was convicted and imprisoned, to the United Kingdom to undergo his sentence or the remaining part of it.
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Procedures set out below are to be followed for the removal of such a prisoner from Hong Kong to the United Kingdom under the Act.
Initiation of the Removal
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The removal of such a prisoner can be initiated either by the Foreign and Commonwealth Office (FCO) or by the Hong Kong Government (HKG) on an informal basis.
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In the event that the FCO would like to remove a prisoner under this Act, the following steps should be taken
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(a)
(b)
(c)
The FCO will ask the Home Office whether it is prepared to accept the person to be removed into custody in a prison in the UK.
If the Home Office is prepared to accept the person to be removed, the FCO will inform the Secretary for Security, HKG, of the provisional intention to seek removal of the prisoner and ask for an assessment as to what advice ExCo might give.
The Secretary for Security, HKG, will make an assessment and advise the FCO accordingly.
If the FCO wants to proceed with the removal, the FCO should forward a "formal" request to the Secretary for Security, HKG.
Alternatively, if HKG considers it desirable to remove a prisoner under this Act, HKG may also initiate by the following procedure
(a)
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HKG will give a provisional indication to the FCO that we wish a prisoner to be removed to the UK.