CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1799
OF 031032Z JULY 92
CONFIDENTIAL
HKC 370/14
см 2+
जिf
170526
MDLIAN 6456
FOR HKD AND LEGAL ADVISERS
SURRENDER OF FUGITIVE OFFENDERS: LOCALISATION OF LAWS
1. AS YOU KNOW, WE INTEND TO INTRODUCE LEGISLATION IN HONG KONG TO REPLACE THE SUBSTANCE OF THE EXTRADITION ACTS 1870 TO 1989 INSOFAR AS THEY APPLY TO HONG KONG, THE FUGITIVE OFFENDERS (HONG KONG) ORDER 1967 AS AMENDED BY LATER ORDERS, THE FUGITIVE OFFENDERS COVERSEAS TERRITORIES ORDERS) 1968 TO 1981 INSOFAR AS THEY APPLY TO HONG KONG AND VARIOUS OTHER EXTRADITION AND FUGITIVE OFFENDERS ORDERS INSOFAR AS THEY APPLY TO HONG KONG. THIS WILL INVOLVE REPEALING OR AMENDING THE RELEVANT ENACTMENTS
SO FAR AS THEY ARE PART OF THE LAW OF HONG KONG. IT WILL ALSO
INVOLVE MAKING LAWS HAVING EXTRA-TERRITORIAL OPERATION.
2. IN ORDER TO GIVE THE HONG KONG LEGISLATURE THE NECESSARY POWERS, WE SUGGEST THAT AN ORDER IN COUNCIL UNDER PARA 3 OF THE SCHEDULE TO THE HONG KONG ACT 1985 WOULD BE APPROPRIATE. OUR VIEW IS THAT THE BEST APPROACH WOULD BE TO HAVE AN ORDER AMENDING THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986 BY ADDING TO PARA 2 OF
THAT ORDER AS ITEM (IV) THE SUBJECT OF QUOTE SURRENDER OF
FUGITIVE OFFENDERS UNQUOTE. YOU WILL BE AWARE OF THE REASON FOR
USING THAT PHRASEOLOGY RATHER THAN ANY REFERENCE TO QUOTE
EXTRADITION UNQUOTE. THE REASONS FOR AMENDING THE 1986 ORDER RATHER THAN HAVING A NEW ORDER ARE (A) TO PLAY DOWN THE
SIGNIFICANCE OF THE ORDER AND SHOW THAT IT IS NOT A NEW
DEPARTURE, (B) TO LINK SURRENDER OF FUGITIVE OFFENDERS WITH CIVIL AVIATION WHICH WILL BE USEFUL WHEN WE COME TO LOCALISE THE LAWS ON AVIATION SECURITY, AND (C) TO MAKE THE LEGISLATIVE PROCEDURE
EASIER IN LONDON.
3. GIVING THE HONG KONG LEGISLATURE POWER TO REPEAL UK ORDERS IN
THIS FIELD DOES NOT MEAN WE INTEND THAT THE ORDERS WHICH
IMPLEMENT THE EXISTING BILATERAL EXTRADITION AGREEMENTS WILL BE REPEALED BY THE LOCAL LEGISLATURE. OUR PRESENT VIEW IS THAT SUCH
REPEAL WOULD BE MORE APPROPRIATELY UNDERTAKEN BY THE PRIVY COUNCIL, IF IT IS AGREED TO DO SO. HOWEVER, WE SHALL, OF COURSE,
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CONFIDENTIAL