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Transfer out of Hong Kong
If a prisoner requests to be transferred under the Act his eligibility will first be checked. If he is found to be eligible for transfer a memorandum for Executive Council will be prepared setting out the details of the case and seeking Members' advice as to whether or not the prisoner should be transferred, subject to the State to which he wishes to be repatriated agreeing to take him.
If Members' advice is that the prisoner should be transferred an approach will be made, via the FCO, to the authorities of the country to which he wishes to be repatriated. If those authorities agree to accept the prisoner he will be transferred without further reference to the Executive Council.
Transfer into Hong Kong
No action will be taken on the transfer of a prisoner into Hong Kong unless an approach is made by another country via the FCO.
When another country approaches the Hong Kong Government with information that a prisoner who has a right of abode in Hong Kong, and who is currently in custody in that country, wishes to be transferred here the sending country will be asked to provide full details of the prisoner's case. A memorandum for Executive Council will be prepared accordingly setting out the case and seeking advice as to whether or not the prisoner should be received into Hong Kong.
Could you please let us know whether the above concurs with your view of how transfers would in practice be effected?
Second, our legal advice is that if the Repatriation of Prisoners Act is extended to Hong Kong by Order in Council then the act will cease to have effect on 30 June 1997. This being the case there would be no legal basis for the continued detention after 30 June 1997 of persons transferred to Hong Kong under the Act prior to 30 June 1997. Special arrangements will therefore need to be made to cater for persons transferred to Hong Kong prior to 30 June 1997 but not due to be released until after 30 June 1997. We should be grateful if you could advise what arrangements could be made to deal with this problem. Perhaps the Order in Council might include a stipulation that persons transferred to Hong Kong pursuant to the UK act, and who were still in custody on 30 June 1997, should continue to be held in Hong Kong or returned to the country where they were sentenced, according to their wishes.