Issue
16
CONFIDENTIAL
Objective/explanation
Present status/progress
China
interest*
UK
interest*
Secretary for Security
Extradition policy
and
extra-territorial jurisdiction
Transfer of Prisoner
Crimes Ordinance
To obtain agreement from the Chinese for Hong Kong to implement its own extradition and mutual legal assistance
arrangements to replace those it currently enjoys through association with the UK and then to negotiate agreements with foreign jurisdictions that will last beyond 1997.
The UK/Thailand Agreement on transfer of prisoners which is also applicable to Hong Kong is awaiting ratification. Arrangements for this agreement and the Council of Europe
Convention to be extended beyond 1997 require discussions with the Chinese side.
There are several aspects of the Crimes Ordinance that require review
Agreement has been reached in the JLG on the principles to be applied to extradition. Detailed matters still need to be settled before negotiation with foreign jurisdictions can start. Proposals for MLA arrangements have not yet been presented in JLG.
It is planned that the talks with the Chinese side on the transfer of prisoners should take place after the talks on rendition have completed.
Review of parts 1 and 2 together with the official Secrets Act (see below) will be undertaken by Security Branch in conjunction with Attorney General's Chambers and
Constitutional Affairs
Branch.
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