*TRANSFERRED
FROM HKC384/2(22)*
CONFIDENTIAL
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CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 1645
OF 240924Z MAY 91
062212
MDLIAN 3545
دیکھی
Mi Berrett
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fare 2815.
HKC384/27
03 JUN 19!
AND TO ROUTINE KUALA LUMPUR, PEKING, UKREP JLG HONG KONG
HKC384/2/20
YRTELNO 983: EXTRADITION NEGOTIATIONS
1. WOTHERSPOON WROTE TO SAINTY OF HKD ON 16 MAY WITH A BRIEF SUMMARY OF THE FIRST ROUND OF NEGOTIATIONS WITH THE MALAYSIANS ON 6 TO 9 MAY 1991. DETAIL ON THE NEGOTIATIONS FOLLOWS:
SUMMARY
2. THE TWO DELEGATIONS MADE SUBSTANTIAL PROGRESS IN COMING TO AN AGREEMENT. THE MAJOR STUMBLING BLOCK IS THE DEATH PENALTY
PROVISION. MALAYSIANS PROPOSED A RE-SURRENDER CLAUSE AND PROVISIONS FOR TEMPORARY SURRENDER AND SURRENDER BY CONSENT.
DETAIL
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3. HONG KONG TEAM, LED BY WOTHERSPOON, MET WITH FIVE-MEMBER DELEGATION HEADED BY DATO RANITA HUSSEIN, PARLIAMENTARY DRAFTSMAN. WOTHERSPOON GAVE A GENERAL PRESENTATION ON THE JOINT DECLARATION, BASIC LAW AND THE BACKGROUND TO HONG KONG'S CAPACITY TO NEGOTIATE EXTRADITION ARRANGEMENTS IN ITS OWN RIGHT.
4. THE MAIN POINTS ARISING WERE:
(A) SURRENDER OF NATIONALS:
THE MALAYSIANS REQUESTED DETAIL OF WHO IN HONG KONG WOULD BE REGARDED AS NATIONALS PRE- AND POST-1997. THEY ADDED THEY WOULD
REQUIRE THE RIGHT TO INSTRUCT THE CHIEF EXECUTIVE IN MATTERS RELATING TO DEFENCE OR FOREIGN AFFAIRS TO BE REFLECTED IN THE AGREEMENT.
(B) DEATH PENALTY:
THIS WAS A MAJOR CONCERN OF THE MALAYSIANS, PARTICULARLY IN CONNECTION WITH DRUG TRAFFICKING AND FIREARMS OFFENCES, AND THEY PROPOSED THE RE-DRAFT IN MIFT. THEY EXPLAINED THESE OFFENCES, TOGETHER WITH MURDER AND SOME OTHER OFFENCES, CARRIED MANDATORY DEATH SENTENCES. PERSONS CONVICTED OF SUCH OFFENCES WOULD HAVE
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