TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 121

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Mr Barrett

PS/Mr Rifkind

CUNT IDENTIAL

Motoare J..

384/2

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cc to:-

PS/Lord Belstead

Mr Donald

Mr Smith, HKGD

Mr Penfold, WAD

Mr Hill, Legal Advisers

Mr Hill, E5 Div, Home Office

"

REQUEST BY THE LIBERIAN GOVERNMENT FOR THE EXTRADITION FROM HONG KONG OF LAM WAI TING

1.

Problem

What advice should be given to the Governor of Hong Kong in reply to the points raised in his telegram no 1311 of 12 November?

2.

Recommendation

To reply as in the attached draft telegram. HKGD, WAD and Legal Advisers agree.

3.

Background

The Liberian Government made a formal request, under cover of a Note dated 23 September from the Liberian Embassy, for the extradition from Hong Kong to Liberia of Lam Wai Ting, a Hong Kong seaman who is alleged to have murdered a fellow Hong Kong seaman, Lam Yau Cheuk, on board a Liberian- registered ship in international waters on 30/31 July last.

4. The surrender of a fugitive from the United Kingdom or a dependent territory is at the discretion of the Home Secretary or the appropriate Governor. Before ordering the surrender of the fugitive the Home Secretary, or Governor, is responsible for satisfying himself that the standards of justice in the requesting State are not oppressive.

In addition, in the case of a requesting State which retains the death penalty, it is our normal practice to seek an assurance or undertaking that, should the offender be returned and convicted, the death sentence, if imposed, would not be carried out; or, if such an assurance cannot be given, that a recommendation would be made in the appropriate quarters against the imposition or execution of the death penalty.

/5.

CONFIDENTIAL