CONFIDENTIAL
25.
152632
MDLIAN 3023
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1189
OF 140915Z APRIL 89
į
нко
HkD 384/Op
384
TOP COPY
APR 1989
INFO PRIORITY PEKING, UKREP JLG HONG KONG
DIST?
MIPT: EXTRADITION
HEREWITH TEXT OF DRAFT PROVISION :
(A) WHERE THE SURRENDER OR NON SURRENDER OF A FUGITIVE CRIMINAL TO A FOREIGN STATE FROM WHICH THE REQUISITION FOR THE SURRENDER PROCEEDED MIGHT SIGNIFICANTLY AFFECT THE INTERESTS OF THE PEOPLE'S REPUBLIC OF CHINA IN MATTERS OF DEFENCE OR FOREIGN AFFAIRS, A DECISION BY THE CE TO ORDER, OR NOT TO ORDER, THE SURRENDER OF THAT FUGITIVE CRIMINAL SHALL NOT BE LIABLE TO BE QUESTIONED IN ANY COURT SOLELY ON THE GROUND THAT THE CE DID NOT, IN MAKING THAT DECISION, EXERCISE HIS DISCRETION BUT ACTED IN ACCORDANCE WITH INSTRUCTIONS GIVEN BY A MINISTER OF THE CPG.
(B) FOR THE PURPOSE OF SUBSECTION (A), A CERTIFICATE ISSUED BY THE CE STATING THAT THE SURRENDER OR NON SURRENDER OF AN IDENTIFIED FUGITIVE CRIMINAL TO A SPECIFIED FOREIGN STATE MIGHT SIGNIFICANTLY AFFECT THE INTERESTS OF THE PEOPLE'S REPUBLIC OF CHINA IN MATTERS OF DEFENCE OR FOREIGN AFFAIRS SHALL BE CONCLUSIVE EVIDENCE AS TO THAT FACT.
WILSON
YYYY
DISTRIBUTION
52
ΜΑΙΝ
49
.HONG KONG AGREEMENT
.(RESTRICTED)
LIMITED
HKD
HD/FED
RESEARCH (FE)
PUSD
PS/LORD GLENARTHUR
PS/MR EGGAR
MR GILLMORE
MR MCLAREN
PAGE 1 CONFIDENTIAL