CODE 18-77
x
Reference
NTX 384/1/2
Mr Bunten
обн
DVM.
From: E. Bousfield
NTCD - CL535 270 4090
you Date: 11 May 1992
A UK/SARY treaty for to counter!
MB./5-
to contrden. See x-
Hong Kong Department
HONG KONG: EXTRADITION POST-1997
HKC 384 19
CM
1. As I mentioned briefly to you last week, the Home Office are in the process of conducting a wide ranging review of extradition strategy and to this end a meeting was held recently of officials from various Government departments (police, Customs and Excise, NIO, FCO, Scottish Office etc) most closely involved with the subject.
2. Amongst the points raised was the need to begin to think about what the status of Hong Kong will be post-1997. Information is needed on things like how much freedom will they have to negotiate their own treaty arrangements, what judicial system will be in place, how much will the present conditions change once the Chinese take over etc.
3. The view round the table was that, provided they have the power post-1997 to enter into such activities without the heavy hand of the Chinese on their shoulder, it will be necessary to negotiate a new bilateral treaty between the UK and Hong Kong on extradition to supplant the present arrangements under the Extradition Act 1989 or the Fugitive Offenders Act as appropriate.
4. The FCO representatives at the meeting were therefore asked to ascertain what the position is likely to be in five years' time and I should be most grateful for your assessment and recommendations as to how the Home Office (who lead on extradition matters in Whitehall) should proceed. It is Government policy only to enter into extradition relations with Governments whose judicial system, penal conditions and human rights standards are of an acceptable level. If things are to remain as they currently are for the 50 years following the hand-back to China, presumably the necessary standards will continue to apply. I should be grateful for a brief paper on all this which I can pass to those concerned.
E. Bousfield