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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,
WOULD BE IN RESPECT OF AN OFFENCE AGAINST THE LAWS OF HONG KONG
COMMITTED BEFORE THAT DATE AND SUBJECT TO THE JUDICIAL PROCESSES
OF HONG KONG. IT WOULD NOT BE FOR AN OFFENCE AGAINST THE LAWS OF
THE PRC AND THE LAWS OF THE PRC WOULD NOT BE APPLICABLE TO THAT
OFFENCE AFTER 1997 BECAUSE, AS I HAVE SAID, HONG KONG
WILL RETAIN ITS SEPARATE LEGAL SYSTEM.
THE JD ALSO PROVIDES
THAT THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
WILL CONTINUE TO APPLY IN RELATION TO HONG KONG, AND ARTICLE 15
OF THAT 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 CHINESE
GOVERNMENT. ANY SUCH CONSULTATION WOULD BE CONFIDENTIAL, BUT I
CAN ASSURE YOU THAT IT WOULD BE OUR INTENTION THAT ANY NEW
ARRANGEMENTS AND SAFEGUARDS WOULD SO FAR AS POSSIBLE BE MODELLED
ON EXISTING ARRANGEMENTS, WHICH HAVE PROVED EFFECTIVE AND ARE
FAMILIAR TO THOSE CONCERNED.
ENDS
CHALKER
LIMITED
HKD
MR MCLAREN
COPIES TO Me Fifoot,
LEGAL ADVISER,
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