(4)
FACSIMILE DOCUMENT LEADER
38412
FROM NATIONALITY, TREATY AND CLAIMS DEPARTMENT
FOREIGN AND COMMONWEALTH OFFICE
FAX NO: 071 270 4064
This transmission consists of this page + 4
REF No: NTX 384
FROM: E. Bousfield
TO:
Legal Procedures Section
Dr J Mitchener British Embassy Berne
DATE: 28 October
TEL: 071 270 4090
CLASSIFICATION Unclassified
PRECEDENCE
PRIORITY
FAX No:
4131 44 05 83
EXTRADITION: HONG KONG: LI TZU
1.
Further to my telegram No 115, I now attach the correspondence referred to. Please arrange for a Note to go as soon as possible to the Swiss Federal Department of Justice and Police as per the draft set out in paragraph 3 of Mr Hunter's (Hong Kong Attorney-General's Chambers) letter. The line proposed has been agreed by Hong Kong Department (HKD) and the relevant FCO legal advisers.
2. Additionally, HKD have suggested that somewhere in the Note to the Swiss (I would suggest that the end of the fourth paragraph of the draft Note, after "prison system.", might be the most appropriate place) you insert a new sentence as follows:
"The Chinese have already agreed to the continuation beyond 1997 of bilateral agreements signed by Hong Kong which contain the usual clauses restricting the re-surrender of persons extradited under them"
It is hoped that this extra thought might help to tip the balance.
Finally, please send a side copy of your Note to Mr Hunter in Hong Kong, Dr Bunten in HKD and to me. Please also let us know the final Swiss decision on this case.
Regards
E. Bousfield
ccfi w/o encs to Mr Hunter, Hong Kong (A-G Chambers)
Dr Bunten, HKD