1992-11-03 10:48 BRITISH EMBASSY BERN
DÉPARTEMENT
FEDERAL DE JUSTICE ET POLICE
Office fédéral de la police
No de rat.
B 83486 Ti/be -39-
A Indiquer dans la réponse
031 44 05 83
04
The Federal Office for Police Matters of the Federal Department of Justice and Police presents its compliments to Her Britannic Majesty's Embassy in Berne and, referring to her note No.89 da- ted October 28, 1992, concerning the extradition of the Chinese national LI Tzu, 25.10.1955, has the honour to communicate the following:
The principle that every person who is detained shall not be af- fected in his/her physical and psychical integrity is considered as ius cogens in Switzerland. As a part of the right of the na- tions it determines the interpretation and application or the national law and the bilateral treaties. If the Government of Hong Kong is of the opinion that the Hong Kong Bill of Rights Ordinance or any other law guarantees the above mentioned prin- ciple sufficiantly they are requested to send a copy of the cor- responding articles with a confirmation that they are presently in force, and this within the time limit fixed by this office's note B 83486 Ti/Str - 35 - dated October 16, 1992, to enable this office to decide if it can accept them instead of the guarantees of the European Convention of Human Rights.
Besides, this office was quite astonished by the observation Li the Embassy that according to the applicable extradition treacy, Hong Kong would not be obliged to furnish any guarantees. This office would like to remind the Government of Hong Kong of the fact that recently the Swiss request for extradition of John Boe RASMUSSEN was rejected because the Swiss authorities were not able to furnish a lot of declarations, confirmations and guaran- tees which, in their opinion, were not covered by the extradi- tion treaty.
The Federal Office for Police Matters of the Federal Department of Justice and Police avails itself of this opportunity to renew to the Embassy of Her Britannic Majesty's Embassy in Berne the assurances of its highest consideration.
Berne, October 30, 1992
Her Britannic
Majesty's Embassy
Thunstrasse 50
3000 Berne 15
Copy: Interpol Hong Kong (by Fax)
5 A5 10000 31803/3) + 4
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