TNAG-0407-FCO40-453-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 32

Mr Stuart (HKIOD)

Reference HKK 14/17

156

Incorporated in 310

HONG KONG : EXTRADITION

1.

I have been studying the Fugitive Offenders Act 1967 and have observed that s.2 of the Act contains the following provisions:-

2.

"(3) Her Majesty may by Order in Council direct that this

Act shall have effect in relation to the return of persons to, or in relation to persons returned from, any designated Commonwealth country or United Kingdom dependency subject to such exceptions, adaptations or modifications as may be specified in the Order."

"(6) No recommendation shall be made to Her Majesty in

Council to make an Order containing any such direction as is authorised by subsection (3) of this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament."

In view of this provision, it would be possible for the Act to be modified in relation to the return of persons from the United Kingdom to Hong Kong so as to exclude or modify the double- criminality rule in s. 3(1)(c).

3.

My previous advice that the double-criminality rule could be set aside only by Act of Parliament was therefore incorrect.

29 August 1973

f

ARR

A R Rushford

Deputy Legal Adviser

(17293) 897465 400m 1/73 G.W.B.Ltd. Gp.863