HOUSE OF LORDS
I would appreciate your assurance that neither the Basic Law nor enactments of the HK SAR legislature will allow the transfer of prisoners from HK SAR to another part of the PRC, I cannot see that the joint declaration has anything to say on this matter.
I also refer to comments, on 27th April 1987, of the magistrate in the case of Mr. L. Osman. He confirmed that, in his view, there was no guarantee that the defendant, if extradited to Hong Kong and if held in custody on 1st July 1997, would not be removed to mainland China after 1st July 1997, I do not of course seek any comment on an individual case, this ruling however clearly raises a matter of Government policy.
I would turn to the matter of PRC failure to recognise either the 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:
Hong Kong and Macao are part of Chinese territory occupied by the British and Portugese authorities'. This view is also acknowledged by the wording of the Sino- British declaration, Article 1 stating:
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the Peoples Republic of China... has decided to resume the exercise of sovereignty with effect from 1st July 1997. '
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 HK are not deemed under the constitution of the PRC to be within the territory of the
PRC.