CONFIDENTIAL

HKB 380/3

27 September 1991

DIEU

Foreign & Commonwealth

Office

26

Ms Barbara Nicholson

C7 Division

Home Office

LONDON

Dear Ms Nicholson,

London SWIA 2AH

Telephone: 071-

HONG KONG: CO-OPERATION WITH CHINA ON CRIMINAL MATTERS

(2619)

As

1. We spoke earlier today about this proposal and I now attach a copy of the submission which we put up on it. you will see, our Secretary of State asked whether there was any scope for London to be involved in considering cases.

2.

We have put this suggestion to Hong Kong. They have some difficulty with it for two main reasons:

-

Firstly they are not convinced of the justification, since legal advice has it that there would be no breach of HMGS international obligations; and

-

- Adding a further layer of bureaucracy automatically in each case would make it pretty cumbersome. Instead they have suggested that we might treat such matters in the same way as we deal with asylum cases. Under this scenario, Hong Kong would make an assessment of whether a particular case would be contraversial or not and would consult us as and when they felt it appropriate. We would probably then wish to consult you on the policy angle and consider the case ourselves from a political point of view.

3.

I should be grateful for your views in general and on whether the Home Office would wish to be involved in considering Hong Kong cases of this nature.

Yours sincerely,

лил

M V Stone

Hong Kong Department

BATANI TG

CONFIDENTIAL

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