37
GRS 750 CUNFIDENTIAL
DESKDY 3110802
CONFIDENTIAL
FM HONG KONG 3109252 DECEMBER 82
TO IMMEDIATE F C O
TELEGRAM NUMBER 1538 OF 31 DECEMBER
YOUR TELNOS 1135 AND 1112
wp
EXTRADITION OF FUGITIVES TO MACAO
1. I AM ADVISED THAT THE LEGAL POSITION IS AS FOLLOWS:
HKK 384/2
RECEIVED IN REGISTRY NO. 51 12 JAN 1983
DESK INDEX
No
Jee
(A) THE COMBINED EFFECT OF SECTION 17 EXTRADITION ACT 1070 AND THE 1894 ORDER IN COUNCIL (RE PORTUGAL) VEST IN THE COVERNOR OF DEPENDENT TERRITORIES THE POWER TO ORDER SURRENDER IF HE THINKO FIT:
(B) ALTERNATIVELY (WHICH I HAVE NOT DONE IN THIS CASE INTER ALJA THE CASE INVOLVES HONG KONG BELONGERS) HE MAY REFER THE WHOLE MATTER TO HMG FOR DECISION:
(C) WHEN DECIDING WHETHER TO ORDER SURRENDER THE GOVERNOR'S LEGAL DUTY IS TO EXERCISE HIS INDEPENDENT JUDGMENT, FIRST TAKING SUCH ADVICE FROM ANY SOURCE AS HE FEELS NAY ASSIST HIM.
2. IN THIS CASE MY PROVISIONAL INTENTION WAS AND REMAINS TO ORDER SURRENDER (TEL 1406). THE TWO MONTH PERIOD PROVIDED BY SECTION 12 EXTRADITION ACT EXPIRED ON 14TH DECEMBER. IT
WOULD BE WRONG TO DELAY MY DECISION FOR SON LONG AS 13 IMPLIED IN YOUR TELS UNDER REFERENCE. I PROPOSE THEREFORE TO DECIDE FINALLY NO LATER THAN WEDNESDAY 12 JANUARY 1933.
WP
3. PARA 2 OF YOUR TEL 1105 SEE:IS TO HE TO HAVE IMPORTANT IMPLICATIONS FOR THE HANDLING OF CASES OF THIS KIND. THE STATUTORY DELEGATION OF POWERS TO GOVERNORS MUST IMPLY (BY ANALOGY WITH CREECH-JONES IN CAPITAL CASES ELSEWHERE) THAT PROVIDING THEY ACT RESPONSIBLY, THEN MINISTERS WILL SUPPORT THEIR DECISION. IF THIS WERE NOT THE CASE THERE WOULD EXIST A CONSTANT RISK OF CONFLICT DETWEEN THE DEPENDENT TERRITORY AND H M G (WITH ALL THE ATTENDANT PROBLEMC WHICH
HAVE ARISEN IN RELATION TO THE ISSUE OF CAPITAL PUNISHIIENT). CEE ALSO PARA 6 OF MY TEL 1509-
wp
CONFIDENTIAL
14.
IT
R
PA
42283
ISTRY
GB
13/12/
No comments yet.
Private notes are available after approval.