CONFIDENTIAL
Government in 1967 to extend the double criminality rule to the
dependent territories, and suggests that this decision may have
been a mistake. We are also prepared to defend Section 10 in
the special circumstances of Hong Kong. Finally it is undeniable
that a refusal to provide for return to Hong Kong would lead to
a major dispute with Hong Kong and could affect the Prime Minister's
visit in January.
6.
The only result of the discussions with the Home Office
has been an agreement that any change in the double criminality
rule should apply to all Hong Kong laws but not to the other
dependent territories. This is partly because our researches so
far suggest that the only place where there are important laws
to which the rule applies is Hong Kong; and partly because it
is easier to argue the case for Hong Kong. In the other dependent
territories our control of their legislation is generally no
more than the power of disallowance; while in Hong Kong the existance of
official majority in Legislative Council is constitutionally
important.
7.
The Home Office and the Law Officers' Department have
however maintained their rejection of even this change. The
Home Office have raised the additional objection that, although
the Fugitive Offenders Act provides for amendment by Order in
Council, they think it might not be possible to make a change
of this importance without an Act of Parliament. The Law Officers
Department say that they would be bound to oppose a change on legal
grounds; though they would have less to say if we argued that a
change was necessary for the good government of Hong Kong.
CONFIDENTIAL
18.
No comments yet.
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