CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 1464
OF 09180OZ AUG 91
CONFIDENTIAL
HKB 380 13.
TOP COPI Q DIST?
INFO PRIORITY PEKING, UKREP JLG HONG KONG
S
171632
MDLOAN 0194
YOUR TELNO 2491: CO-OPERATION WITH CHINA ON CRIMINAL MATTERS
1.
WE ARE GRATEFUL FOR YOUR AGREEMENT TO WITHOLD
IMPLEMENTATION: WE HAVE NO WISH TO DELAY UNDULY YOUR PUTTING INTO EFFECT NECESSARY ARRANGEMENTS, BUT WE DO SEE CONSIDERABLE POTENTIAL POLITICAL PROBLEMS HERE.
2.
A QUICK CHECK WITH INTERPOL AND THE CROWN PROSECUTIONS SERVICE HERE REVEALS THAT THE UK'S POSITION IN SIMILAR
INSTANCES IS CONSIDERED ON A CASE BY CASE BASIS. THERE HAVE NOT BEEN MANY SUCH CASES, BUT RECENTLY A TURKISH NATIONAL WHO WAS WANTED FOR MURDER IN THE UK WAS ARRESTED IN TURKEY. AT THAT TIME THERE WAS NO EXTRADITION AGREEMENT WITH TURKEY AND THE TURKISH AUTHORITIES WISHED TO PROSECUTE HIM THEMSELVES: CLAIMING JURISDICTION OVER THEIR OWN NATIONALS. THEY ASKED US FOR EVIDENCE TO DO THIS BUT WERE NOT PREPARED TO GIVE ANY ASSURANCE THAT THE DEATH PENALTY ENFORCED FOR MURDER IN TURKEY - WOULD NOT BE CARRIED OUT. IN THE CIRCUMSTANCES WE DECIDED NOT TO TAKE ANY ACTION TO ASSIST THEM. A SIMILAR SET OF CIRCUMSTANCES IS
CURRENTLY IN PLAY OVER A MOROCCAN NATIONAL.
3. THE PRIME MINISTER'S VISIT WILL NATURALLY INCREASE THE MEDIA FOCUS ON OUR DEALINGS WITH CHINA OVER HONG KONG. CRITICS COULD POINT TO THE RECENT LEGCO VOTE ON THE DEATH-PENALTY AND
THE IMMINENT ELECTION OF A NEW LEGCO AS FURTHER REASONS FOR
QUESTIONING THE TIMING OF A RADICAL CHANGE OF POLICY IN THIS AREA.
4. WE ARE OBTAINING DETAILED LEGAL ADVICE HERE, NOTABLY ON INTERNATIONAL HUMAN RIGHTS ASPECTS. BEFORE SUBMITTING WE SHOULD
ALSO BE GRATEFUL FOR FURTHER ADVICE FROM YOU ON THE POINTS
BELOW.
5.
WE APPRECIATE THAT AT THE WORKING LEVEL IN HONG KONG
THE CHINESE HAVE (RECENTLY?) BECOME MORE RELUCTANT TO GIVE AN ASSURANCE OVER NON-IMPLEMENTATION OF THE DEATH PENALTY. BUT WE WONDER WHETHER THIS HAS BEEN TAKEN AS FAR AS IT CAN. FOR
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