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CONFIDENTIAL
016033
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MDLIAN 3970
Copy at 33
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2607
OF 200647Z AUGUST 91
AND TO PRIORITY TOKYO
ef 34 too
TOP COP Q DIST
HORS!
ARRANGEMENTS FOR THE TRANSFER OF PRISONERS BETWEEN COUNTRIES
1. THE UK/THAILAND PRISONER TRANSFER AGREEMENT WAS CONCLUDED AND EXTENDED TO HONG KONG EARLIER THIS YEAR. WE HAVE SUBSEQUENTLY RECEIVED AND COMMENCED PROCESSING THE APPLICATIONS OF 43 OF THE 124 HONG KONG RESIDENTS, WHO ARE CURRENTLY SERVING SENTENCES IN THAI JAILS, FOR TRANSFER TO HONG KONG.
2. AFTER THAILAND, THE COUNTRY HOLDING THE LARGEST NUMBER OF PRISONERS FROM HONG KONG IS JAPAN WHICH HAS 55 IN ITS JAILS, WHILST THERE ARE 4 JAPANESE NATIONALS IN HONG KONG PRISONS. AS A RESULT, THE ISSUE OF WHETHER WE SHOULD HAVE AN AGREEMENT FOR THE TRANSFER OF PRISONERS BETWEEN HONG KONG AND JAPAN HAS BEEN RAISED. BOTH THIS GOVERNMENT AND THE BRITISH EMBASSY IN TOKYO HAVE RECEIVED ENQUIRIES FROM THE MEDIA IN THIS REGARD. TO DATE OUR LINE HAS BEEN THAT NO SUCH ARRANGEMENT EXISTS BECAUSE JAPAN
IS NOT A PARTY TO THE COUNCIL OF EUROPE CONVENTION ON THE
TRANSFER OF SENTENCED PERSONS.
3. WE ARE NOW CONSIDERING WHETHER IT WOULD BE DESIRABLE FOR US TO
HAVE TRANSFER ARRANGEMENTS WITH JAPAN AND ON WHAT BASIS.
4. WE WOULD BE GRATEFUL FOR:
(A) TOKYO'S ADVICE ON:
I) JAPAN'S VIEWS ON PRISONER TRANSFER ARRANGEMENTS, IF KNOWN:
II) WHETHER PARTIES TO THE CONVENTION HAVE APPROACHED JAPAN TO
ENCOURAGE IT TO JOIN:
(B) FCO'S ADVICE ON:
I) WHETHER HMG HAS CONSIDERED NEGOTIATION ANY BILATERAL AGREEMENT WITH JAPAN OR ANY OTHER COUNTRIES THAT ARE NOT PARTIES TO THE
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MDLIAN 3970
CONVENTION:
II) WHETHER HMG WOULD BE PREPARED TO INITIATE SUCH ACTION IF SO REQUESTED BY HKG: AND
III) WHETHER HMG WOULD HAVE ANY OBJECTIONS TO HKG APPROACHING JAPAN OR ANY OTHER COUNTRY DIRECTLY ON THIS ISSUE.
FORD
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DISTRIBUTION
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.COUNCIL OF EUROPE
UND
LIMITED
PS
WED
HKD
FED
CSCE UNIT
EED
ECD (E)
LEGAL ADVISERS
RAD
SECPOL D
SED
NNNN
PS/MR HOGG
PS/MR GAREL-JONES
PS/PUS
MR P J WESTON
SIR J COLES
MR TAIT
MR BURNS
MR GREENSTOCK
MR JAY
2
PAGE CONFIDENTIAL
Barks
Ms Barrett
Legal Advisers
p.a.pl.
CONFIDENTIAL
Reference
Ephemerai
(64
ARRANGEMENTS FOR THE TRANSFER OF PRISONERS BETWEEN COUNTRIES HONG KONG TELNO 2607
1.. Hong Kong have asked us for advice about a possible Hong Kong/Japan Prisoner Transfer Agreement. This follows the extension of the UK/Thailand agreement to Hong Kong earlier this year.
Japan, after Thailand, is the country holding the largest number of prisoners from Hong Kong, but is not a party to the Council of Europe Convention on the transfer of sentenced prisoners and appears to have no prison transfer arrangements with any other country.
2.
I would be grateful for your help on how to take this matter forward, and for your advice in particular on points (B) i) and iii) in para 4 of tur. Presumably, it would not be possible for Hong Kong on its own to make such an agreement with Japan, and that HMG would need to be involved?
Grii coglim
нка cooli
G J Coglin
Hong Kong Department
WH303
270 2652
22 August 1991
65
1/2
CODE 18-77
cc: Mr Cummins, FED
Ms Coglm
HKD
1. Your paragraph 2. Point B(i) n a matter of policy
suggest you speak
to
For his successor
Martin Hicks, Section IV- Gener
Poking, Commilar sept (ext. 4118). Bii) & Biii) are
matters. Montin tucks thicks
pohcy
you
with both
abo
should be able to help
to be involved would defend
2. Whether HMG would need
on the form of the agreement.
2 conclude
SALACF
would
an
were
Ч НК теле предопеле own with Japan, it
agreement on its own
RESTRICTED
first need an
entrstment from HMG.
S. Brooks 23