RESTRICTED
107571
MDHOAN 2162
LEGALITY OF THE THREE TREATIES CONCERNING HONG KONG, INCLUDING THE 1898 LEASE TREATY, OR BRITISH SOVEREIGNTY OVER HONG KONG ISLAND OR KOWLOONS PENINSULA. THIS POLICY IS CONFIRMED IN THE LETTER DATED MARCH 10 1972 FROM THE PRC TO UNITED NATIONS GENERAL ASSEMBLY SPECIAL COMMITTEE ON COLONIALISM STATING: QUOTE HONG KONG AND MACAO ARE PART OF CHINESE TERRITORY OCCUPIED BY THE BRITISH AND PORTUGUESE AUTHORITIES UNQUOTE. THIS VIEW IS ALSO
•
ACKNOWLEDGED BY THE WORDING OF THE SINO-BRITISH DECLARATION, ARTICLE 1 STATING: QUOTE THE PEOPLES REPUBLIC OF CHINA'
HAS
DECIDED TO RESUME THE EXERCISE OF SOVEREIGNTY WITH EFFECT FROM 1ST JULY 1997 UNQUOTE.
THE UNITED KINGDOM FOR IT'S PART RESOLVED TO RESTORE SOVEREIGNTY. I WOULD BE OBLIGED IF YOU ASSURE ME THAT THE PRC HAVE ADVISED AND SPECIFICALLY CONFIRM THAT ALLEGED ACTS OF CRIMINALITY IN THE TERRITORY OF HONG KONG ARE NOT DEEMED UNDER THE CONSTITUTION OF THE PRC TO BE WITHIN THE TERRITORY OF THE PRC.
I NOTE YOUR COMMENTS RE. THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SEMICOLON, WHICH THE PRC HAVE NEITHER SIGNED, RATIFIED OR ACCEDED TO SEMICOLON, AND IN PARTICULAR ASSURANCES CONTAINED WITHIN ARTICLE 15. THE ARTICLE STATES:
QUOTE: 1. NO ONE SHALL BE HELD GUILTY OF ANY CRIMINAL OFFENCE ON ACCOUNT OF ANY ACT OR OMISSION WHICH DID NOT CONSTITUTE A CRIMINAL OFFENCE, UNDER NATIONAL OR INTERNATIONAL LAW, AT THE TIME WHEN IT WAS COMMITTEED. NOR SHALL A HEAVIER PENALTY BE IMPOSED THAN THE ONE THAT WAS APPLICABLE AT THE TIME WHEN THE CRIMINAL OFFENCE WAS COMMITTED UNQUOTE.
THE NATIONAL LAW OF CHINA WAS AMENDED ON MARCH 3, 1982, EFFECTIVE APRIL 1ST 1982, BY STANDING COMMITTEE OF THE NATIONAL PEOPLES CONGRESS ADOPTING FOLLOWING AMENDMENT TO ARTICLE 152 OF THE CRIMINAL LAW:
QUOTE WITH RESPECT TO ... THE CRIME OF THEFT IN ARTICLE 152 .. (THE) SENTENCING IS SUPPLEMENTED OR REVISED AS FOLLOWS: WHEN THE CIRCUMSTANCES ARE PARTICULARLY SERIOUS, THE SENTENCE IS TO BE NOT IMPRISONMENT LESS THAN TEN YEARS OF FIXED TERM IMPRISONMENT, LIFE OR DEATH UNQUOTE.
REMAINDER OF TEXT FOLLOWS IN MIFT.
HOWE
4
PAGE
RESTRICTED