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(45)
016554
MDLIAN 2367
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FM HONG KONG
TO ROUTINE FCO
TELNO 2683
OF 10095OZ AUGUST 89
нко 38413
INFO ROUTINE PEKING, JLG HONG KONG
EXTRADITION BILL 1989
TOP COPY Q DIST ?
Lee HKD 370/2 1988 (39)
see (47).
WE HAVE BEEN GIVING SOME THOUGHT TO THE PROVISIONS OF THE CURRENT EXTRADITION BILL AND THEIR LIKELY EFFECT ON OUR EXTRADITION ARRANGEMENTS AND WOULD BE GRATEFUL FOR YOUR ADVICE. CLEARLY, FOR THE PURPOSE OF OUR CONTINUING DISCUSSIONS WITH THE CHINESE WE WOULD PREFER THE EFFECT TO BE MINIMAL.
2"
WE UNDERSTAND THAT ENACTMENT OF THE BILL WILL NOT AFFECT OUR CURRENT ARRANGEMENTS WITH COMMONWEALTH COUNTRIES OR WITH FOREIGN STATES: CLAUSE 34(3) OF THE BILL PROVIDES THAT THE ORDER IN COUNCIL EXTENDING THE FOA 1967 TO HK WILL BE UNAFFECTED, WHILE CLAUSES 4 AND 37(3) OF THE BILL PROVIDE THAT REPEAL OF THE EXTRADITION ACTS 1870-1935 WILL NOT AFFECT THE FORCE AND PROVISIONS OF ORDERS IN COUNCIL MADE UNDER THOSE ACTS.
3.
THE BILL DOES PROVIDE, HOWEVER, THAT ITS PROVISIONS AND ORDERS IN COUNCIL MAY BE EXTENDED TO COLONIES (CLAUSES 30-34). GIVEN OUR ADVANCED NEGOTIATIONS WITH THE CHINESE, WE DO NOT ENVISAGE SEEKING SUCH AN EXTENSION.
4.
OUR MAIN CONCERN, HOWEVER, ARISES FROM THE UK'S INTENTION TO ACCEDE TO THE EUROPEAN CONVENTION AND TO ALLOW EXISTING BILATERAL TREATIES WITH OTHER PARTIES TO THE CONVENTION TO FALL AWAY (SEE ARTICLE 28 OF THE CONVENTION). OUR THINKING IS THAT IT WOULD NOT BE IN OUR INTEREST FOR THE EUROPEAN CONVENTION, WHICH DOES NOT REQUIRE THE REQUESTING STATE TO PROVIDE PRIMA FACIE EVIDENCE, TO APPLY TO HK. SIMILARLY, IF THE UK WERE TO CONCLUDE ANY NEW BILATERAL TREATIES WITH NO PRIMA FACIE REQUIREMENT PURSUANT TO CLAUSE 30 OF THE BILL, WE WOULD NOT WISH THEM TO BE APPLIED TO HK.
5. IN SHORT, WE SHOULD BE GRATEFUL FOR YOUR ADVICE ON
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(A) OUR UNDERSTANDING THAT ENACTMENT OF THE EXTRADITION BILL WILL NOT AFFECT OUR EXISTING EXTRADITION ARRANGEMENTS
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