GRS 400
CONFIDENTIAL
FM HONG KONG
Confidential
TO DESKBY 08110OZ FCO
TELNO 4074
OF 080955Z DECEMBER 86
INFO IMMEDIATE PEKING, WASHINGTON
HKK 384/2 RECEIVED IN REGISTÁY
-8 DEC 1986
TOP COPV
Q DIN 7
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DESK OFFICER
INDEX
PA
REGISTRY
Action Taken
Mak
YOUR TELNO 2805 : UK/USA SUPPLEMENTARY EXTRADITION TREATY.
WE ARE GRATEFUL FOR YOUR AGREEMENT TO DEFER THE CONSULTATION
WITH THE CHINESE ON THE SUPPLEMENTARY TREATY.
2. THE DRAFT SPEAKING NOTE IN PARA. 2 OF TUR TENDS TO GIVE THE
IMPRESSION TO THE AMERICANS THAT CONSULTATION WITH THE CHINESE
ON NEW RIGHTS AND OBLIGATIONS AFFECTING HONG KONG IS MERELY A
MATTER OF FORMALITY. SHOULD IT BE LEAKED TO THE CHINESE, IT WOULD
GIVE THEM THE IMPRESSION THAT WE ARE PRESENTING THEM WITH A FAIT
ACCOMPLI. WE WONDER WHETHER THE SPEAKING NOTE SHOULD NOT BE
TONED DOWN SLIGHTLY TO AVOID THIS IMPRESSION BY AMENDING THE 5TH
SENTENCE TO READ: ''WE THEREFORE HOPE THE AMERICANS WILL ACCEPT
THE SUSPENSION OF THE NEW TREATY IN RELATION TO HONG KONG,
HOPEFULLY FOR NOT MORE THAN A FEW MONTHS, SO THAT WE MAY CONSULT THE
CHINESE IN THESE MATTERS.''
3. WE ALSO AGREE WITH YOU THAT PEKING SHOULD SPEAK TO THE CHINESE
ABOUT THE SUPPLEMENTARY TREATY BEFORE 17 DECEMBER TO AVOID ANY
POSSIBLE MISUNDERSTANDING. WE WOULD WELCOME THE OPPORTUNITY TO
COMMENT ON THE LINES ON WHICH YOU PROPOSE PEKING SHOULD SPEAK.
4. REGARDING YOUR PARA. 5, IT HAS NEVER BEEN OUR INTENTION TO
ESTABLISH ANY GENERAL RULE ON WHETHER CONSULTATION WITH THE CHINESE
ON A PARTICULAR TREATY SHOULD OR SHOULD NOT PRECEED DISCUSSIONS ON
WIDER POLICY ISSUES IN THE SAME FIELD. WE SEE VERY LITTLE MERIT
IN ADOPTING AN OVERSIMPLIFIED APPROACH IN DEALING WITH THE CHINESE.
YOU WILL APPRECIATE THAT EXTRADITION AGREEMENTS ARE EXCEPTIONALLY
SENSITIVE IN HONG KONG'S CONTEXT BUT THIS IS NOT BECAUSE OF THE
APPLICATION OF EXTRADITION AGREEMENTS ENTERED INTO BY THE UK WITH
OTHER STATES TO HONG KONG AS SUCH. IT IS RATHER ON ACCOUNT OF THE
PROBLEM OF WORKING OUT SATISFACTORY ARRANGEMENTS, WHICH ARE CAPABLE OF SURVIVING AFTER 1997, FOR DEALING WITH THE CPG OVER FUGITIVE OFFENDERS. WE ARE, OF COURSE, MINDFUL OF THE NEED TO
PROCEED AS QUICKLY AS POSSIBLE ONCE IT HAS BEEN DECIDED IT IS
BENEFICIAL TO EXTEND CERTAIN NEW RIGHTS AND OBLIGATIONS TO HONG
KONG. HOWEVER, IN RESPECT OF EXTRADITION AGREEMENTS, WE HAVE
Confidential
/CAREFULLY.
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