CODE 18-77
HKB 380/3.
CONFIDENTIAL
From:
Date:
Mr Stone, Hong Kong Dept
Reference..
ва
117
Jill Barrett
Assistant Legal Adviser
29 August, 1991
HONG KONG:
1.
CRIMINAL
COOPERATION WITH CHINA ON CRIMINAL MATTERS
Thank you for your minute of 28 August and draft submission. I regret that I am not "content", as recited in paragraph 2 of your draft; it does not on my reading present to Ministers a balanced picture of the pros and cons of agreeing to Hong Kong's proposal. It would be easier for me to concur with your recommendation if the reservations which I, and others, have expressed were explained more clearly in the body of the submission and if my minute were flagged up and attached in its entirety.
2.
In particular, the effect of the proposed arrangements on our JLG strategy for (i) negotiating a series of bilateral Mutual Legal Assistance treaties between Hong kong and third countries, and (ii) ensuring that future MLA arrangements between Hong Kong and China incorporate the same legal safeguards, should be explained. These risks have been acknowledged by HKG, and might necessitate some reappraisal of our objectives and strategy in this area.
in this area. The submission ought to refer to the possibility that the Chinese will detect the inconsistencies between our JLG stance and Hong Kong's proposed action, and question or exploit them.
3. Regarding paragraph 3 of Mr Bradley's letter of 27 August, I have looked again at the part of my advice referred to, and consulted other legal advisers, who agreed that this is a correct statement of the effect of Article 7 ICCPR. It may be that Mr Bradley read the words "coupled with" to mean "or" (as did one of my colleagues on first glance) and consequently misunderstood it. I agree that the legal position on extradition in death penalty cases is not directly relevant to the present proposal, but it does illustrate the legal minefield which HKG could lead us into if the Chinese use the proposed arrangements as a precedent for more wide-ranging kinds of cooperation.
Seek to
Will Banett
J Barrett
270 3381 K166
c.c. Mr Burns
Mr Bone, ERD
Mr Davis, FED
Mr Sullivan, NTCD Mr Watt, UND
4. Please clear
submission
your
with me.
final
CONFIDENTIAL