RESTRICTED
RESTRICTED
FM NEW DELHI
TO ROUTINE HONG KONG
TELNO 3
OF 19030OZ JULY 93
INFO ROUTINE FCO, PEKING, UKREP JLG
с
Dambizi
BEA
066731
MOLIAN 5920
P/W lut sup
ti.
SURRENDER OF FUGITIVE OFFENDERS: HONG KONG/INDIA NEGOTIATIONS, 13-16 JULY
FROM EDWARDS (LAW OFFICER, HONG KONG GOVERNMENT)
1. WE HAVE HAD A PRODUCTIVE FIRST ROUND OF NEGOTIATIONS WITH AN INDIAN DELEGATION OF NINE REPRESENTATIVES LED BY DR P S RAO, LEGAL ADVISER TO THE MINISTRY OF EXTERNAL AFFAIRS.
2.
THE INDIANS WERE READY TO NEGOTIATE ON THE BASIS OF THE HONG KONG MODEL AGREEMENT BUT WERE KEEN TO INCORPORATE INTO OUR AGREEMENT AS MANY OF THE PROVISIONS OF THE 1992 UK/INDIAN EXTRADITION TREATY AS POSSIBLE. THEIR MAIN PREOCCUPATION WAS WITH THE POLITICAL OFFENCES EXCEPTION AND ITS IMPACT ON THE FIGHT
AGAINST TERRORISM. WE EXPLAINED THE CONSTRAINTS UNDER WHICH WE WERE OPERATING AND THE INDIANS SHOWED UNDERSTANDING.
WE
3. THE OTHER MAIN POINTS RAISED BY THE INDIANS WERE THAT OUR MODEL AGREEMENT CONTAINED TOO MANY EXCEPTIONS TO EXTRADITION AND THAT WE SHOULD WORK TOWARDS RECOGNISING WIDER EXTRATERRITORIAL CRIMINAL JURISDICTION FOR THE PURPOSES OF SURRENDER. AGAIN, EXPLAINED THAT OUR ROOM FOR MOVEMENT WAS LIMITED, GIVEN THE CHINESE PERSPECTIVE, BUT THAT WE WOULD ATTEMPT TO GO SOME WAY TOWARDS THEM ON THESE MATTERS.
4.
WE UNDERTOOK TO PREPARE A DRAFT NEGOTIATING TEXT TAKING INTO ACCOUNT OUR EXCHANGES AT THIS ROUND, BUT BASED NEVERTHELESS ON THE HONG KONG MODEL. THE TWO DELEGATIONS AGREED TO HOLD A SECOND ROUND IN HONG KONG IN JANUARY NEXT YEAR (THE EARLIEST DATE THAT WE COULD ALL MANAGE). IN MY JUDGEMENT WE SHOULD BE ABLE TO TAKE OUR NEGOTIATIONS TO THE INITIALLING STAGE AT THAT TIME. INDIANS SAID THEY WERE KEEN TO CONCLUDE A MUTUAL LEGAL ASSISTANCE AGREEMENT (MLA) WITH HONG KONG. I SAID THAT, PROVIDED THE CHINESE HAD BY THEN APPROVED OUR MLA PROGRAMME, WE WOULD BE HAPPY TO MAKE A START ON THIS AT OUR TALKS IN JANUARY.
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