WOZARA
PQ FROM CHRIS SMITH MP: EXTRADITION
Draft Reply
We have no plans to suspend the return of fugitives to Hong Kong.
My Rt. Hon. Friend the Home Secretary can only order the return of a
fugitive when all court proceedings in the UK have been concluded.
If a fugitive offender is returned to Hong Kong under the Fugitive
Offenders Act 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. Under the Joint Declaration, Hong Kong will retain its
separate legal system after 1997, and will not be relying on the PRC
Criminal Code.