CONFIDENTIAL

155704

MDLIAN 0902

ASSISTANCE OR SEEK TO MAKE POLITICAL CAPITAL OUT OF THE SITUATION. TO SEEK THE RETURN OF FUGITIVES TO HONG KONG TO FACE TRIAL HERE IS NOT A FEASIBLE OPTION AS THAT WOULD REQUIRE RECIPROCAL EXTRADITION ARRANGEMENTS WITH CHINA WHICH WE ARE NOT

READY TO AGREE.

PROPOSAL

7. THE EXECUTIVE COUNCIL HAS ADVISED THAT CERTAIN TYPES OF ASSISTANCE SHOULD BE PROVIDED TO LAW ENFORCEMENT AGENCIES IN CHINA IN SPECIFIED CASES, WITHOUT SEEKING A DEATH PENALTY ASSURANCE. THE TYPES OF CASE ARE THOSE IN WHICH PRC CITIZENS WHO ARE NOT HONG KONG RESIDENTS HAVE BEEN ARRESTED IN CHINA

ON

SUSPICION OF HAVING COMMITTED ANY OF THE FOLLOWING CRIMES IN HONG KONG: MURDER, ARMED ROBBERY, DRUG TRAFFICKING, ILLEGAL IMPORTATION OF FIREARMS. THESE ARE CRIMES WHICH CAUSE THE GREATEST PUBLIC CONCERN IN HONG KONG.

8. THE TYPES OF ASSISTANCE WHICH WE WOULD PROVIDE INCLUDE THE

FOLLOWING:

(A) WRITTEN STATEMENTS, SWORN OF AFFIRMED AND TAKEN WITH THE WITNESS'S CONSENT, UNLESS WE BELIEVE THEM TO BE INHERENTLY UNRELIABLE.

(B) INTERVIEWS OF CONSENTING WITNESSES IN HONG KONG BY CHINESE OFFICIALS IN THE PRESENCE OF A HONG KONG POLICE OFFICER, WHO WILL ENSURE THAT QUESTIONING IS CONFINED TO MATTERS RELEVANT TO THE REQUEST FOR ASSISTANCE.

(C) PHYSICAL EVIDENCE SUCH AS WEAPONS, CLOTHING AND

EXHIBITS SEIZED AT THE SCENE OF THE CRIME OR ON SUBSEQUENT RAIDS,

AND

(D) DOCUMENTARY EVIDENCE SUCH AS REPORTS FROM CHEMISTS, FORENSIC PATHOLOGISTS, DOCTORS, BALLISTIC AND EXPLOSIVE ORDINANCE OFFICERS, FINGERPRINT EXPERTS AND LOSS ADJUSTERS, AND COPIES OF PHOTOGRAPHS, OFFICIAL AND BANKING RECORDS AND OTHER DOCUMENTS WHOSE VALIDITY CAN BE VERIFIED.

PROCEDURE

9. ON RECEIPT OF A REQUEST FROM INTERPOL CHINA, INTERPOL HONG

KONG WILL ASCERTAIN:

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