CONFIDENTIAL
8.
Against this background I consider we should not attempt a response to Lord Winchilsea covering "rendition" arrangements, particularly as his letter does not ask about them directly. We are
not, in any case, in a position to say much more than the earlier
very general responses we gave to PQs about post-1997 arrangements
for exchange of fugitive offenders.
9.
Lord Winchilsea refers to "ongoing cases currently before
the courts". I am not sure what these may be. It is quite possible that the Hong Kong authorities are currently seeking to extradite a
number of offenders under the terms of the FOA 1967. We would not
necessarily be aware of them. The only one of which we have
definite knowledge is a case concerning Lorrain Osman, a Malaysian
banker wanted in Hong Kong in connection with alleged commercial
crimes.
10.
The draft reply has been agreed with the Hong Kong
Government, the Embassy in Peking and Legal Advisers.
Tom Smith
T W M Smith
As Mr Smith says, Lord Winchilsea's letter is not at all clear. As I read it, it deals in part with all prisoners in Hong Kong when the territory becomes an SAR of the PRC in 1997, and in part with the small number of fugitive offenders who may be returned to Hong Kong from the UK between now and 1997. Lord Winchilsea does not appear to be enquiring about the possible transfer of prisoners or fugitive offenders from Hong Kong to the PRC, before or after 1997 (the difficult and sensitive question of "rendition") and I agree that we need not deal with this aspect in the reply.
2. I have discussed the draft reply with the department in detail and agree with it.
herunder
20 August 1987
cc PS
Mr.
ord Glenarthur Fifoct
RJT McLaren
CONFIDENTIAL