CONFIDENTIAL
'47'
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 478
OF 13103OZ FEBRUARY 89
нко 38415
INFO ROUTINE PEKING, UKREP JLG HONG KONG
105125
MDLIAN 6471
TOP COPY
Q DIST ?
EXTRADITION: RETURN OF FUGITIVE OFFENDERS
SINCE THE AGREEMENT IN PRINCIPLES REACHED AT JLGXI WE HAVE BEEN CONSIDERING HOW TO TRANSLATE THOSE PRINCIPLES INTO PRACTICALITIES. THERE ARE MANY ISSUES WHICH AT ONE TIME OR ANOTHER NEED TO BE FINALISED. WE DO NOT THINK IT NECESSARY OR TACTICALLY WISE TO SEEK TO FINALISE ALL OF THEM WITH THE CHINESE AT THIS STAGE. GIVEN THAT THE IMMEDIATE OBJECTIVE IS TO MOVE FORWARD TO NEGOTIATING THE FIRST GROUP OF TREATIES, AND THAT THE PROCESSES OF NEGOTIATING TREATIES AND DRAFTING LEGISLATION ARE LIKELY TO THROW UP NEW ISSUES THAT WILL HAVE TO BE ADDRESSED, WE THINK FOR THE NEXT STEP WE NEED ONLY TO RAISE WITH THE CHINESE THOSE ISSUES WHICH ARE STRICTLY NECESSARY BEFORE HK CAN NEGOTIATE TREATIES.
2.
SUBJECT TO YOUR AGREEMENT AND EXCO APPROVAL WE THEREFORE PROPOSE TO PUT THE DRAFT PAPER AND ANNEXES IN OUR THREE IFTS TO THE CHINESE. IF THE SUGGESTIONS IN THE PAPER ARE ACCEPTABLE TO THE CHINESE SIDE IT WOULD CLEAR THE WAY FOR NEGOTIATING AGREEMENTS. OTHERWISE IT CAN SERVE AS THE BASIS FOR EXPERT TALKS. A COMMENTARY ON SOME OF THE
POINTS MADE IN THE PAPER AND ITS ANNEXES IS IN OUR FOURTH IFT.
3. WE SHOULD ALSO HAND TO THE CHINESE SIDE THE MODEL AGREEMENT AMENDED AS ALREADY AGREED, E.G. THE PREAMBLE. A COPY' IS BEING SENT TO YOU BY BAG.
TWO AREAS AND THE BILATERAL AGREEMENTS
l .
WE NEED TO GO BACK TO EXCO, AS PROMISED IN SEPTEMBER 1988, ON WHETHER THE TWO AREAS SHOULD BE GROUNDS IN THE BILATERAL AGREEMENT FOR REFUSAL TO SURRENDER. WE DO NOT THINK THAT THESE SHOULD BE GROUNDS FOR REFUSAL. PARTNERS MIGHT INSIST ON RECIPROCAL PROVISIONS AND THEREBY WEAKEN THE AGREEMENTS. ALSO, THE FEWER OVERT GROUNS FOR INTERVENTION BY THE CPG, THE BETTER.
THE RIGHT TO INSTRUCT