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concerned about political fall out for what are perceived to be sensitive cases. We think that it is very unlikely that HMG would be at such risk. We would not intend to publicise the application of the procedures or to reflect them (or the right to instruct) in the new localised legislation on surrender of fugitive offenders, if the application of the procedures became public, the number of cases arising under the new extradition agreements before 1997 is likely to be very small, as explained above. We are envisaging a two year time frame.
Even
In any event, a fugitive or state would not be on strong grounds to argue that the Secretary of State should exercise the right to instruct unless the case related to UK defence, foreign affairs or other essential interests of the UK Government.
for
Our view therefore is that on the one hand the risks of acceding to the Chinese side's request "convergence" on procedures for notification, both оп MLA and on surrender of fugitive offenders are relatively small. On the other hand, if we refuse to make a concession here, it is almost certain that the Chinese will continue to withhold their agreement to the MLA model and to negotiating partners for MLA and additional ones for surrender of fugitive offenders. We are very anxious
to avoid further delay in these two important programmes. As you recognise time is running out. We would therefore propose that, at the next round of expert talks on notification procedures, we should indicate that we can go along with the Chinese side's proposal, on the basis outlined above.
before the end
I would be grateful for your further views. AS you will know from UKREP JLG Telno 238, the Chinese have requested an expert meeting on notification procedures of this month. It would therefore be your response before the routine weekly teams next Thursday (19 August), so that UKREP JLG is in a postiion to offer dates for expert talks at that meeting.
helpful to have your meeting of JLG
your smisly
(J.R.A. Hanratty)
James
Acting Law Officer (International Law)
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