TNAG-1129-FCO40-1408-Extradition-arrangements-in-the-Dependent-Territories-1982 — Page 15

Separate copies to:-

2

Reference........

Miss Brett-Rooks,

CCD

Mr Livesey, HKGD

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Mr Wallace, WIAD Mr Herdman, WIAD Miss Batten, WIAD Mr Courtney, EAD Mr Facey, FID Mr Edgar, HKGD

Mr Thompson, SPD

Mr Harrison, SED

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Mr M J Hill, E5 Division, Home Office, Queen Anne's Gate, SW1

MEETING TO REVIEW, COMMONWEALTH EXTRADITION ARRANGEMENTS

1. I enclose a self-explanatory draft letter to dependent territories and should be grateful if you could let me know by close of play on 13 September whether you have any comments.

2. There does not seem to be any precedent for such a meeting in the fugitive offenders field, and in drafting I have been guided by the helpful advice of HKGD and CCD.

3. NTD do not know how much traffic there is involving DTs. Arrangements are made direct between DTs and between DTS and independent Commonwealth countries. NTD have had no recent requests for advice or assistance, There are 2 or 3 cases a year between DTS adn the United Kingdom. I therefore find

it difficult to assess the extent of DTs interest in the Scheme though I suspect that, apart from Hong Kong and possibly Gibraltar, it is only slight. Nevertheless it seems only proper to give them an opportunity to comment on its review.

4.

Almost invariably the local legislation is by extension to DTS of the Fugitive Offenders Act 1967 by UK Order.

5. (For Miss Brett-Rooks). I return herewith Mr David's draft minute on the general question of representation of DTS at Commonwealth meetings. I entirely agree that a circular to the considerable number of FCO departments involved (as well as to Whitehall departments) would be most helpful. The present case illustrates the extent of our ignorance. It is of interest that in the case of the extradition meeting the Commonwealth Secretariat, without consulting the FCO, has sent a direct invitation to the Hong Kong Attorney General: Mr Nzerem tells me that this was because Hong Kong attended the Commonwealth Law Ministers' Meeting in Barbados in 1980 although I see from the minutes that he did not contribute on the subject of extradition. It is however not inappropriate in the extradition context where we feel sure Hong Kong has more traffic than any other DT, although it does seem a bit constitutional for the Secretariat to invite the Attorney General direct without at least consulting the FCO.

CODE 18.77

9 September 1982

F H Brown NTD CL 501 213 5159

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A

DSR 11 (Revised)

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