11:07
FCO N.T.C.D. LONDON
A.G.'S CHAMBERS
26-OCT-1992
26-OCT-1##2' 16:50
2
071 270 4064
P.03
+852 877 2130 P.03
That treaty makes no provision for the Requested Party to refuse surrender if guarantees such as those requested in the present case are not furnished.
It
is nevertheless understood that your concerns relate to the conditions of imprisonment Or detention in Hong Kong both before and after 1997. We believe the following will constitute a sufficient reassurance in this regard -
to
The Sino-British Joint Declaration on the Question of Hong Kong of 1984 (an international treaty registered at the United Nations in accordance with the Charter) guarantees a very high degree of autonomy
the Hong Kong Special Administrative Region when China resumes the exercise of sovereignty on 1 July 1997. Existing laws and the judicial system will be maintained and it will be for the Hong Kong Special Administrative Region Legislature to make amendments to those laws. Resumption of the exercise of sovereignty by the PRC will have no effect on the existing prison system.
Rights,
In
addition, the Joint Declaration provides that the provisions of the International Covenant оп Civil and Political Rights as applied to Hong Kong shall remain in force. The Hong Kong Bill of Rights Ordinance of 1991 incorporated into the law of Hong Kong provisions of the International Covenant on Civil and Political
including
its Article 10. A reservation to the Covenant to the effect that persons lawfully detained may be subject to such lawful necessary for custodial discipline is incorporated in the Hong Kong Bill of Rights Ordinance. AS you are aware the International provides sufficient guarantees of prisoner's rights.
restrictions
Covenant
as
are