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, Hong Kong will retain its
separate Legal system. 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 the
imposition of a heavier penalty than that applicable when
the offence was committed.
A further point of concern in your letter related
to the surrender of offenders to the PRC after 1997.
Since Hong Kong and the rest of the PRC are, and will
remain, separate Legal systems, such surrender would only
be relevant to an offence committed against PRC Law: it
would not be an offence for which an offender had been
returned to Hong Kong under the FOA. You will appreciate
that the arrangements for the surrender of fugitive
offenders after 1997, insofar as they relate to Hong
Kong, must be the subject of consultation with the
Any such consultation would be
confidential, but I can assure you that it is our
Chinese Government.
intention that any new arrangements would include as far
as possible existing safeguards, which have proved
effective and are familiar to those concerned.