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Page Two/Hong Kong.
HOUSE OF LORDS
other Chinese Ststutes, be subject to interpretation by the
Standing Committee of the National People's Congress. I note
that the terms of the Joint Declaration contain no specific
restrictions on the use of retroactive legislation by the HK
SAR.I also note that there are no procedures laid down to resolve
any dispute over the implementation of the joint declaration.
An amendement to Article 152 of the Criminal Law of the PRC
which came into force on
into force on 1st April 1982 extended the death
penalty to a wide range of offences including 'economic crime'
The first executions under this amendement took place in January
1983.it is particularely concerning, with regard to fugitives
returned to HK and then surrendered to the PRC without adaquate
safeguards being fortcoming, that the PRC have retroactively
imposed the death penalty and I refer to the executions of Cheng
Jian, Xie Yinbin, Peng Zijun and Yin Quingjiang on 4th September
1983. I would also note that any Chinese citizen may request
the court to reopen a
decided case for retrial and there is
no time limit for such action.
I would appreciate your early confirmation that the Government has negotiated, and that the Basic Law of the HK SAR will contain guarantees that will ensure that any fugitive returned to HK, under provisions of FAO 1967, before 1997 and subsequently
surrendered to the PRC will; 1. Not be charged with any offence
other than those listed in 4 (3)a) b) c) of FOA 1967; 2.Be guaranteed the rights embodied in 4 (3) of the FAO 1967; 3.Not face the death penalty for any offence committed before 1997. Clearly with ongoing cases currently before the courts this matter is of extreme urgency and I would appreciate your response accordingly I understand that an approach to HE The Ambassador
of the PRC to the Court of St. James is seeking like assurances
to those which I seek, is planned.
Will how to de surrendent unde
good wealoves.
Yours sincerely,
kichilean
c.c.Paddy Ashdown MP.
c.c.Michael Meadowcroft
The Earl of Winchilsea & Nottingham, Liberal Peers Room, House of Lords, Westminster, London SWIA OPW
Telephone: 01- 219 3179 Assistant: Kevin Cahill 01- 833 3086