布政司署
香港下亞厘畢道
*** OUR REF.: SCR 1/2716/80
來函檔號 YOUR REF.:
Mr Clinton Leeks
DIEU
KEMON
DROW
HKK 384/2
RECEIVED IN REGISTRY
Hong Kong Department
- 4 JUL 1986
(CER
PA
is
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
Sert & W Mill
Ads. for Legal Adver
colmant
REGISTRY
Action Taken
7
77.86
Foreign and Commonwealth office cen
Downing Street
London SW1A 2AL
UNITED KINGDOM
Dear Mr Leeks,
27 June 1986
Любий
This sounds undoled
up
clarly (NID:
to me. Con
you pre сезть
Д
with extirpp on extraditi
Home Office White Paper
-
Criminal Justice Plans for Legislation
(March 1986)
In paragraph 50 of the White Paper it is stated that HMG supports the abolishment of the requirement that a state requesting the extradition of a fugitive from England must establish in an English court a Prima Facie case against the fugitive according to English rules of evidence. In the Green Paper on Extradition (February 1985) it is suggested
(para 2.9) that magistrates hearing extradition cases and the Secretary of State would merely have to be provided with sufficient information to establish the identity of the fugitive, the facts complained of and the relevant legal provisions before a decision on whether to extradite or not is taken (although further information could be called for if the fugitive raises a 'political' defence).
It appears to us that the magistrate will therefore be basing his decision solely on the identity of the fugitive and the fact that an offence has been commited, without any evidence to connect the two. would be most grateful if you could clarify exactly how magistrates are expected to deal with requests for extradition in the absence of a Prima Facie case requirement.
yous
sincerely Graha Arell
(Graham Arnell )
for Secretary for Security