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MDLIAN 6481
CONFIDENTIAL
HKD 38
Q DIST?
QP COPY
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 480
OF 13113OZ FEBRUARY 89
INFO ROUTINE PEKING, UKREP JLG HONG KONG
EXTRADITION: MY SECOND IPT: RETURN OF FUGITIVE OFFENDERS: ANNEX A
TO DRAFT PAPER
REQUESTS TO HONG KONG: OUTLINE PROCEDURES.
NOTIFICATION
AS SOON AS A MAGISTRATE HAS ORDERED COMMITTAL OF A FUGITIVE
OFFENDER PENDING A DECISION TO SURRENDER HIM TO A FOREIGN STATE, THE CE SHALL NOTIFY THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS IN HONG KONG OF THE REQUEST FOR SURRENDER AND OF THE MATERIAL FACTS
RELATING TO THE CASE.
REFERRAL
2.
WHERE THE CE CONSIDERS THAT SURRENDER OR NON-SURRENDER OF A
FUGITIVE MAY HAVE SIGNIFICANTLY AFFECT FOR THE DEFENCE OF FOREIGN
AFFAIRS OF THE CPG THEN AFTER COMMITTAL OR AS SOON THEREAFTER AS HE FORMS THAT VIEW, HE SHALL REFER THE CASE TO THE MINISTER OF FOREIGN AFFAIRS FOR HIS VIEW ON WHETHER OR NOT THE FUGITIVE SHOULD
BE RETURNED.
3.
WHERE, AFTER NOTIFICATION, THE MINISTER HAS GROUNDS TO BELIEVE THAT THE SURRENDER OR NON-SURRENDER OF A FUGITIVE MAY HAVE REAL RAMIFICATIONS FOR DEFENCE OR FOREIGN AFFAIRS, HE MAY REQUEST THE CE TO REFER THE CASE AND THE CE SHALL THEN DO SO.
4. WHEN REFERRING A CASE TO THE MINISTER THE CE SHALL PROVIDE RELEVANT INFORMATION AND VIEWS AND THEREAFTER SUCH NEW EVIDENCE FOR INFORMATION AS COMES TO LIGHT. THESE PROCEDURES FOR REFERRAL OF A CASE ENVISAGE FULL AND OPEN CONSULTATION BETWEEN THE CE AND THE MINISTER, SO THAT BOTH ARE IN A POSITION TO MAKE A PROPER ASSESSMENT.
5. IF THE MINISTER IS CONTENT THAT, AFTER ALL, A CASE HAS NO SIGNIFICANT RAMIFICATIONS FOR THE DEFENCE OR FOREIGN AFFAIRS OF THE CPG, OR THAT HE IS ANY EVENT CONTENT FOR CE TO DECIDE ON HIS
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