CONFIDENTIAL
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1.
The proposal is that the Hong Kong Government should be more forthcoming with the Chinese over the provision of evidence which will enable the Chinese to pursue Chinese citizens in China suspected of having committed serious crimes in Hong Kong.
2. The Secretary of State has now expressed his interest in this subject following a conversation in Hong Kong. I should record that Mrs Rita Fan (EXCO) tackled me equally strongly on the subject.
3.
I believe that the recommendation is the right one and that the Secretary of State can be reassured about the concerns recorded by the Private Secretary.
4.
The people of Hong Kong are greatly exercised by the increasing number of crimes of violence etc conducted by illegal immigrants from China. There is widespread support in Hong Kong for tougher measures and for better co-operation with the Chinese authorities over the border. Co-operation is inhibited by the Chinese refusal to assure the HKG that the death penalty will not be enforced. Although the view in Hong Kong on capital punishment is evolving (the last LEGCO voted to abolish the death penalty: no legislation will be introduced until we know the views of the new LEGCO), our hesitations come from the potential reactions in the UK.
5. As Mr Cox says (para 5), there is an important distinction between handing over evidence for prosecution and the extradition of a suspect. The HKG propose (paras 9-12 of Hong Kong Telno 2462) procedures which incorporate considerable safeguards against hasty or inappropriate co-operation with China. This should reassure Ministers about the risk of Chinese exploitation of the arrangements to pursue political dissidents, though we could, if they wish, ask the Governor to consult us on any non-straightforward
cases.
6.
I recognise the force of the arguments on the other side - both the human rights concern and the implications for a future MLA agreement. But I note that the legal advisers are content. Providing the evidence we provide relates very clearly to a committed crime of violence, I see no good reason for preventing the Hong Kong and Chinese authorities from bringing the suspect to justice.
Andrew an
RA Burns
Cc: Mr Bone, ERD
Ms Evans, UND
Ms Barrett, Legal Advisers
Mr David, NCAD
Mr Davies, FED
Mr Cox, HKD
A29ABU
CONFIDENTIAL