CONFIDENTIAL
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& RR.
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Mr Broke
To
pursue with
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pleade
2418
PF Ricketts Esq
Hong Kong Department
Foreign & Commonwealth Office
London SW1A 2AH
370/9
RECEIVER
24.1093
R .lak
Please reply to The Under Secretary of State
Your reference
Our reference
Date
20 August 1993
Dear Mr Ricketts
AGREEMENTS BETWEEN THE UK AND HONG KONG AFTER 1997 : EXTRADITION
13
As long ago as 12 May, you wrote to Ray Smith here asking for our comments on the future of extradition between the UK and Hong Kong, post-1997, and in particular on the text of a model Treaty put forward by the Hong Kong authorities. I am very sorry that you have not had an earlier reply. We have consulted our Legal Adviser's Branch, and this reply reflects their comments.
2. So far as a Hong Kong/UK Treaty is concerned, we perceive a difficulty of some substance. Section 3 of the Extradition Act 1989 allows us to give domestic effect to extradition arrangements which have been concluded, inter alia, with "foreign states". As we understand it, Hong Kong will not itself become a foreign state in 1997. The People's Republic of China is a foreign state, but will not be party to the proposed new arrangement. The draft Treaty seems to envisage Hong Kong acting with the authority of China in concluding the agreement. Even if Hong Kong is thus to be seen as the agent of China - which may not be adequate for the purposes of section 3 the 1989 Act does not envisage the UK concluding an agreement with part only of a state. We think that it would be helpful to discuss with you and FCO lawyers how to ensure that a post-1997 Hong Kong/UK which we shall indeed need is consistent with our domestic agreement legislation, in advance of discussions of it with the Hong Kong team. We would, of course, be happy to participate in those discussions.
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3. I enclose a note of our comments on the model Treaty itself. They are of particular relevance to a Hong Kong/UK agreement, but some may have a more general application. I hope that they will be helpful.
Yours sincerely
Lison Rutherford
ALİSON RUTHERFORD
CONFIDENTIAL