how do you do this?
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We
We are therefore trying now to develop proposals for dealing with what could become a major problem, with Hong Kong becoming a safe haven for criminals wanted in China. There are two possibilities. The first is some form of extradition. have, as you know, a group under David Jeaffreson's chairmanship reviewing Hong Kong's present extradition arrangements in the light of impending changes to the UK's arrangements (from which ours are derived). The group is also looking at extra-territorial crime. And it is considering how to deal with China in particular. It has yet to complete its work but so far its thinking is that Hong Kong should go for extradition by means of domestic legislation to enable bilateral and multilateral treaties and conventions/negotiated with foreign states. The legislation would include specific provisions to prevent the extradition of fugitives for political offences. For those countries for which extradition arrangements would be inappropriate, the group considers Hong Kong should acquire extra-territorial jurisdiction so that Hong Kong people who commit offences elsewhere can be tried in Hong Kong's courts.
As far as China in particular is concerned the group is well aware of the difficulties. It is likely to recommend that Hong Kong should attempt to conclude a number of bilateral extradition treaties with other states as an example of the
definitely. id the special arrangem for example
77
Met Police negative provisions that could be included in arrangements with China. with Scott Satisfactory formal procedures would be difficult to negotiate
why? it's
what we have
this does
with the Chinese. In this connection you will have noticed the remark by one of the visiting Chinese BLDC members (our tel. no. 2281, weekly press round-up, paragraph 8) that the HK SAR and China could not sign an extradition agreement because the SAR was part of China. Informal arrangements would be anathema to Hong Kong opinion and our courts; the subject as a whole has been made more difficult by the Guangdong execution.
illegal immigration.
in the world?
Meanwhile, and particularly if the PRCG is adamantly opposed to any extradition arrangements acceptable to Hong Kong, extra-territorial jurisdiction would seem to be the
happen anywhere, answer. At least Hong Kong citizens accused of committing
crimes in China could then be tried in our courts if China were prepared to provide adequate evidence.
The purpose of this letter is chiefly to let you know that we are looking at the problem and considering both these options. I am not able to say at this stage how we will finally jump, but we hope in due course to be able to put some more considered ideas to you. We do not underestimate the difficulty of agreeing any such arrangements with China. we must find some way of dealing with fugitives. If any new arrangement is to stick after 1997 we should establish it well
But
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CONFIDENTIAL