CONFIDENTIAL
FM HONG KONG
TO ROUTINE FCO
TELNO 2730
CONFIDENTIAL
нкс 320/14.
OF 19024OZ NOVEMBER 92
TOP COPY Q DIST?
INFO ROUTINE PEKING, UKREP JLG HONG KONG
6
11
063734
MDLIAN 6295
paSFO
Mahall.
YOUR TELNO 1279: SURRENDER OF FUGITIVE OFFENDERS: LOCALISATION OF
LAWS
1.
WE NEED THE AMENDMENT TO THE HONG KONG (LEGISLATIVE POWERS)
ORDER 1986 TO BE IN PLACE BY THE TIME OUR LOCAL FUGITIVE OFFENDERS BILL IS INTRODUCED. THE TIMING FOR THIS DEPENDS ON WHEN CONSULTATIONS WITH THE CHINESE ARE COMPLETED, BUT WE WOULD HOPE TO BE IN A POSITION TO INTRODUCE A BILL INTO THE LEGISLATIVE
COUNCIL IN 1993.
1986.
2.
ON REFLECTION, WE CONSIDER THAT IT WOULD BE PREFERABLE FOR THE LEGISLATIVE COUNCIL TO MAKE THE NECESSARY AMENDMENTS IN ACCORDANCE WITH AN AMENDED HONG KONG (LEGISLATIVE POWERS) ORDER
OUR ONLY DOUBT IS AS TO WHETHER PREROGATIVE ORDERS AS DISTINCT FROM STATUTORY ORDERS, ARE QUOTE ENACTMENTS UNQUOTE WITHIN THE MEANING OF PARA. 3 OF THE SCHEDULE TO THE HONG KONG
ACT 1985. WE SHOULD BE GRATEFUL FOR YOUR VIEW ON THIS GIVEN THAT
SOME OF THE EXTRADITION ORDERS WHICH WILL BE REPEALED WERE MADE
UNDER THE PREROGATIVE.
3.
IN
OUR PRESENT THINKING IS THAT IT MAY BE BETTER TO OMIT
REFERENCE TO THE POWER TO INSTRUCT FROM THE LEGISLATION AS ITS INCLUSION WOULD ATTRACT UNFAVOURABLE ATTENTION IN THE LEGISLATIVE
COUNCIL AND COULD SIGNIFICANTLY DELAY ENACTMENT OF THE BILL.
ANY CASE IT WILL NOT BE NEEDED UNTIL 1997. WE THEREFORE INTEND
THAT THE CONSULTATION PAPER SHOULD REMAIN SILENT ON THIS POINT.
IF THE CHINESE QUERY ITS ABSENCE WE SHALL REFER THEM TO ARTICLE
48(8) OF THE BASIC LAW AS GIVING THEM THE NECESSARY POWER.
DIFFICULT
4. FOLLOWING FURTHER CONSIDERATION HERE ON THIS SUBJECT, WE ARE PREPARING A REVISED CONSULTATION PAPER WHICH WILL SUPERSEDE THE ONE SENT TO YOU ON 11 AUGUST 1992 (PARA. 1 OF OUR
TELNO 2089 REFERS). WE WILL FAX THE REVISED PAPER TO YOU FOR
COMMENTS SHORTLY.
FORD