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73332
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OF OUR PROPOSED DRAFT REPLY IS IN MIFT.
DESKBY 19090OZ.
GRATEFUL FOR COMMENTS
3.
BEGINS
TEXT OF LETTER IS AS FOLLOWS:
HONG KONG STATUS OF PRISONERS IN 1997.
AS YOU ARE AWARE I HAVE RECENTLY VISITED HONG KONG. THE
VISIT WAS PRIMARILY ABOUT COMMERCIAL MATTERS, BUT THE
INTERNATIONAL BODY OF THE LIBERAL PARTY IS SOON TO DEVOTE MOST OF
AN ENTIRE ANNUAL GATHERING TO HUMAN RIGHTS. IN THE CASE OF HONG
KONG THERE MAY YET ARISE A VERY SERIOUS DIFFICULTY IN CONNECTION
WITH WHICH THE UK MAY YET BE HELD RESPONSIBLE FOR FAILING TO TAKE
ADEQUATE STEPS IN THE NEGOTIATIONS, IN ORDER TO PROTECT THE
RIGHTS OF PRISONERS TRANSFERRED TO THE PRC IN 1997.
THE ISSUE AFFECTS NOT ONLY THOSE WHO WILL BE TRANSFERRED
TO THE CUSTODY OF THE PRC ON 30TH JUNE 1997, BUT ALSO THE STATUS
OF THOSE PRISONERS WHICH MAY BE RETURNED FROM THE UK TO HONG KONG
IN THE INTERIM PERIOD.
I NOTE THAT THE LAW CURRENTLY IN FORCE WHICH GOVERNS THE
RETURN OF FUGITIVES TO COMMONWEALTH TERRITORIES IS THE FUGITIVE
OFFENDERS ACT 1967 AND I NOTE THAT THIS ACT PROVIDES FOR CERTAIN
GUARANTEES AND I REFER IN PARTICULAR TO THE PRINCIPLE OF QUOTE
SPECIALITY UNQUOTE AND NON SURRENDER OF A PERSON WHO STANDS IN
DANGER OF THE DEATH PENALTY.
THE ARRANGEMENTS CURRENTLY IN FORCE IN HONG KONG AS
REGARDS THE RETURN OF FUGITIVE OFFENDERS TO AND FROM THE
TERRITORY CANNOT SUBSIST IN THEIR PRESENT FORM BEYOND THE
RESUMPTION OF SOVEREIGNTY IN 1997 AND THE ESTABLISHMENT OF THE HK
SPECIAL ADMINISTRATIVE REGION.
THE FUTURE HK SAR GOVERNMENT WILL DETERMINE ITS OWN
POLICIES UNDER THE BASIC LAW WHOSE DRAFTING IS A MATTER FOR THE
CHINESE GOVERNMENT AND WHICH, UNDER THE CHINESE CONSTITUTION,
WILL, LIKE OTHER CHINESE STATUTES, 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 RETRO-ACTIVE LEGISLATION BY THE HK
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