RESTRICTED
73332
1
SAR. I ALSO NOTE THAT THERE ARE NO PROCEDURES LAID DOWN TO
RESOLVE ANY DISPUTE OVER THE IMPLEMENTATION OF THE JOINT
DECLARATION. AN AMENDMENT TO ARTICLE 152 OF THE CRIMINAL LAW OF
THE PRC WHICH CAME INTO FORCE ON 1ST APRIL 1982 EXTENDED THE
DEATH PENALTY TO A WIDE RANGE OF OFFENCES INCLUDING QUOTE
ECONOMIC CRIME UNQUOTE. THE FIRST EXECUTIONS UNDER THIS
AMENDMENT TOOK PLACE IN JANUARY 1983. IT IS PARTICULARLY
CONCERNING, WITH REGARD TO FUGITIVES RETURNED TO HK AND THEN
SURRENDERED TO THE PRC WITHOUT ADEQUATE SAFEGUARDS BEING
FORTHCOMING, THAT THE PRC HAVE RETRO-ACTIVELY 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
RE-OPEN A DECIDED CASE FOR RE-TRIAL 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,
BE GUARANTEED THE RIGHTS EMBODIED IN 4(3) OF THE FOA
2.
1967,
NOT FACE THE DEATH PENALTY FOR ANY OFFENCE COMMITTED
BEFORE 1997.
3.
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.
ENDS
CHAIKER
OCMIAN 3332
LIMITED
нку
Me MCLAREN
3
RESTRICTED
COPIES TO мебот,
LEGAL ADV