UNCLASSIFIED
UNCLASSIFIED
FM FCO
TO ROUTINE HONG KONG TELNO 2265
OF 26091OZ AUGUST 87 INFO
ROUTINE PEKING
HELLO
383
USTRY
2 & AUG 1987
RE
Action be.
Q.DIST 1/6
011203
MDLOAN 0316
LETTER FROM THE EARL OF WINCHILSEA: STATUS OF PRISONERS AFTER 1997
MIPT:
1.
BEGINS:
FOLLOWING IS TEXT OF REPLY.
THANK YOU FOR YOUR LETTER OF 10 AUGUST TO SIMON GLENARTHUR, WHO IS CURRENTLY AWAY ON HOLIDAY. THE ISSUES YOU RAISE ARE COMPLEX. BUT, SO FAR AS I UNDERSTAND CORRECTLY YOUR CONCERNS, I BELIEVE I CAN OFFER YOU REASSURANCE ON A NUMBER OF IMPORTANT POINTS.
FIRST, AFTER 1997 HONG KONG, AS SPECIAL ADMINISTRATIVE REGION (SAR) OF THE PRC, WILL HAVE A SEPARATE LEGAL SYSTEM FROM THAT OF THE REST OF THE PRC. IT WILL RETAIN ITS OWN LAWS AND AN INDEPENDENT JUDICIARY AND PROSECUTING AUTHORITY. THE
SINO-BRITISH JOINT DECLARATION IS ABSOLUTELY EXPLICIT IN THIS RESPECT. THE COURTS OF THE SAR WILL BE OBLIGED TO DECIDE CASES IN ACCORDANCE WITH THE SAR'S LAWS. IN SHORT, THE HONG KONG SAR WILL BE A SEPARATE JURIDICAL SYSTEM.
YOU ARE CONCERNED AT THE POSSIBILITY THAT A FUGITIVE OFFENDER FROM HONG KONG, RETURNED BEFORE 1997 TO THE TERRITORY UNDER THE FUGITIVE OFFENDERS ACT 1967, MAY BECOME SUBJECT TO THE CRIMINAL CODE OF THE PRC FROM THAT DATE AND, PERHAPS, FACE THE DEATH PENALTY FOR THE OFFENCE HE COMMITTED. IF A FUGITIVE OFFENDER IS RETURNED TO HONG KONG UNDER THE FOA BEFORE 1997, IT WOULD BE IN RESPECT OF AN OFFENCE AGAINST THE LAWS OF HONG KONG AND WOULD BE A MATTER FOR THE HONG KONG COURTS. IT WOULD NOT BE FOR AN OFFENCE AGAINST THE LAWS OF THE PRC. HONG KONG COURTS WILL NOT BE RELYING ON THE PRC CRIMINAL CODE AFTER 1997 BECAUSE, AS I HAVE SAID, HONJ KONG WILL RETAIN ITS SEPARATE LEGAL SYSTEM. PERSONS IMPRISONED IN HONG KONG WILL, IN ACCORDANCE WITH THE PROVISIONS OF THE JOINT DECLARATION RELATING TO THE CONTINUITY OF LAWS, REMAIN SUBJECT TO HONG KONG LAW. THERE IS NO SUGGESTION THAT THEY WILL BE TRANSFERRED OUT OF HONG KONG ELSEWHERE IN THE PRC.
THE JOINT DECLARATION ALSO PROVIDES THAT THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS WILL CONTINUE TO APPLY IN RELATION TO HONG KONG, AND ARTICLE 15 OF THE COVENANT PROHIBITS
1
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