RESTRICTED
FM CANBERRA
HKC384/6
TO IMMEDIATE HONG KONG
TELNO 17
OF 27023OZ JUNE 91
RESTRICTED
par RM 2716
3
012116
MDLIAN 1901
HK Extral Ay with Aus.
TOP COPY Q DIST?
INFO PRIORITY FCO, UKREP JLG HONG KONG, PEKING, ACTOR
FROM EDWARDS (LAW OFFICER, HONG KONG GOVERNMENT)
EXTRADITION NEGOTIATIONS: AUSTRALIA: 24-26 JUNE 1991
SUMMARY
1 A GOOD FIRST ROUND. ONE FURTHER ROUND SHOULD LEAD TO INITIALLING.
-
DETAIL
2. AT AUSTRALIAN INVITATION EDWARDS GAVE A PRESENTATION ON THE JOINT DECLARATION AND THE BASIC LAW, EMPHASISING THE AUTONOMY HONG KONG WILL HAVE AFTER 1997, THE PRESERVATION OF THE LEGAL SYSTEM AND THE INDEPENDENCE OF THE JUDICIARY. EDWARDS DESCRIBED THE SYSTEM THAT HAD BEEN AGREED WITH THE CHINESE SIDE FOR THE NEGOTIATIONS AND CONCLUSION OF BILATERAL TREATIES FOR THE RETURN OF FUGITIVE OFFENDERS. IN ANSWER TO AUSTRALIAN QUESTIONS CONCERNING HONG KONG'S EXTRADITION LAWS, THE BASIC LAW AND RELATED POINTS, EDWARDS DESCRIBED THE CURRENT SITUATION AND HONG KONG'S PLANS TO ENACT ITS OWN EXTRADITION LEGISLATION ONCE A NUMBER OF EXTRADITION AGREEMENTS HAD BEEN NEGOTIATED WITH SIGNIFICANT COUNTRIES, INCLUDING AUSTRALIA. HE WENT ON TO EXPLAIN WHY THE HONG KONG MODEL AGREEMENT APPEARED AT FIRST SIGHT TO BE CONSERVATIVE. THE AUSTRALIANS SEEMED TO ACCEPT THIS ALTHOUGH THEY MADE IT CLEAR THAT THE FACT THAT THE HONG KONG MODEL DIVERGED SIGNIFICANTLY FROM THEIR OPTIMUM POSITION MEANT THAT MINISTERS WOULD HAVE TO CONSIDER THE MATTER CAREFULLY.
3
THE GENERAL CONCERNS RAISED BY THE AUSTRALIANS INCLUDED THE FOLLOWING:
(I) NO RE-SURRENDER.
THE AUSTRALIANS WILL INSIST ON THE INCLUSION OF A SUITABLE NO RE-SURRENDER CLAUSE. THEY CONFIRMED THAT THEIR RECENT AGREEMENTS CONTAINED SUCH PROVISIONS. EDWARDS INVITED THEM TO SUBMIT A FORM
OF WORDS.
1
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