XN000022-1997-03-26 — Page 23

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Localising bill on transfer of sentenced persons

The Governor in Council has endorsed a Bill which seeks to localise the present legislation on the arrangements for the transfer of sentenced persons between Hong Kong and other countries.

The Transfer of Sentenced Persons Bill, to be gazetted on April 4, aims to replace the existing legislation derived from the United Kingdom, which will cease to apply to Hong Kong from July 1 this year, a Government spokesman said today (Wednesday).

"The Bill, when enacted, will make it possible for arrangements to be made for the transfer of sentenced persons to and from Hong Kong after June 30," he said.

The Bill, broadly following the UK Repatriation of Prisoners Act 1984 currently extended to Hong Kong, comprised the following key features:

both the receiving and the sending jurisdiction as well as the sentenced person must consent to the transfer:

the conduct in respect of which the sentenced person is imprisoned must be criminal in both jurisdictions; and

any adjustment to the sentence by the sending jurisdiction (by way of pardon, reduction of sentence, and so on) must be given effect to by the receiving jurisdiction.

Under the proposed legislation, there are procedures for the Government responsible for Hong Kong's foreign affairs to be notified of requests for transfer.

The spokesman explained that although that Government could issue instructions to the Hong Kong authorities, these instructions could only relate to the issue of warrants under the Bill and the circumstances under which such warrants could issue were clearly defined.

"Moreover, the right of the sovereign state to instruct the Hong Kong authorities would only be exercised in cases where matters relating to sovereignty, security or public order were significantly affected," he said.