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MDHOAN 2164
FOLLOWS:
QUOTE THE PRINCIPLES APPLIED, AND THE RIGHTS ENJOYED BY PARTIES
CONCERNED, PREVIOUSLY IN HONG KONG SHALL BE MAINTAINED FOR THE CONDUCT OF CRIMINAL AND CIVIL PROCEEDINGS IN THE HONG KONG SAR.
UNQUOTE
AND THE SECOND PARAGRAPH OF DRAFT ARTICLE 2 OF CHAPTER X PROVIDES THAT QUOTE RIGHTS AND OBLIGATIONS VALID UNDER THE LAWS PREVIOUSLY
IN FORCE IN HONG KONG SHALL CONTINUE TO BE VALID AND BE PROTECTED
AND RECOGNISED BY THE LAWS OF THE HONG KONG SAR. UNQUOTE
2.
HMG, HAVING CONCLUDED SUCH AN AGREEMENT WITH THE PRC HAVE NO REASON TO BELIEVE THAT THE PRC WILL NOT ABIDE BY IT.
13.
YOU ASK FOR AN ASSURANCE THAT NEITHER THE BASIC LAW NOR
ENACTMENTS OF THE HONG KONG SAR LEGISLATURE WILL ALLOW THE
TRANSFER OF PRISONERS FROM THE HONG KONG SAR TO OTHER PARTS OF
THE PRC.
I AM SURE THAT, ON REFLECTION, YOU WILL APPRECIATE THAT WE CANNOT GIVE AN ASSURANCE IN THESE TERMS IN RESPECT OF THE LAW OF WHAT WILL BE A FOREIGN SOVEREIGN STATE. IN ADDITION, IT IS NOT REALISTIC TO SEEK TO EXCLUDE THE TRANSFER OF PERSONS ACCUSED OR CONVICTED OF CRIME FROM ONE PART OF A STATE TO ANOTHER IT WOULD BE PERFECTLY PROPER FOR PROVISION TO BE MADE FOR THE RENDITION OF
FUGITIVE CRIMINALS FROM ONE PART OF THE STATE TO ANOTHER. IT
WOULD ALSO BE PERFECTLY PROPER FOR PROVISION TO BE MADE FOR PERSONS CONVICTED IN ONE PART OF A STATE TO SERVE THEIR SENTENCES
IN ANOTHER PART IN WHICH THEY ARE NORMALLY DOMICILED. WE HAVE
TAKEN POWERS TO FACILITATE SUCH ARRANGEMENTS BETWEEN STATES IN THE REPATRIATION OF PRISONERS ACT 1984. THE IMPORTANT POINT TO
KEEP IN MIND IS NOT THE EXISTENCE OF ARRANGEMENTS FOR RENDITION OR TRANSFER BUT THE NEED TO ENSURE THAT THERE ARE APPROPRIATE LIMITS ON JURISDICTION AND SAFEGUARDS ON RENDITION AND TRANSFER, AND IN THIS RESPECT WE ARE, OF COURSE, MINDFUL OF THE KIND OF PROVISIONS THAT ARE MADE IN THE FUGITIVE OFFENDERS' ACT AND IN THE 1984 ACT.
4.
NOR IS IT REASONABLE TO ASK FOR AN ASSURANCE, IN THE TERMS OF YOUR LETTER, THAT THE PRC ADVISE US THAT ACTS OF CRIMINALITY IN THE TERRITORY OF HONG KONG ARE NOT DEEMED TO BE ACTS WITHIN THE TERRITORY OF THE PRC. HONG KONG WILL BE PART OF THE TERRITORY OF THE PRC. WHAT I CAN DO, HOWEVER, IS TO REPEAT AGAIN THAT HONG KONG WILL HAVE ITS OWN LEGAL AND JUDICIAL SYSTEM WHICH WILL BE A SEPARATE LEGAL AND JUDICIAL SYSTEM FROM THAT IN EFFECT IN THE REST OF THE PRC. THE JOINT DECLARATION PROVIDES FOR THIS
AND THE BASIC LAW WILL STIPULATE THE POLICIES IN THE JOINT
THESE PROVISIONS MAKE IT CLEAR THAT THE TERRITORIAL
DECLARATION.
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