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[Hong Kong have raised the question of the UK and other Commonwealth countries' attitude in respect of the Fugitive Offenders Scheme should the UK depart from the prima facie requirement for extradition outside the Commonwealth - EWPR para 4.11.]. We cannot anticipate the UK Government's attitude towards relaxation of the prima facie case requirement. A decision on this question would clearly need to take account not only of the problems which the requirement presents to foreign governments but also the situation in the Commonwealth, where it does not normally give rise to difficulties'.
Paragraph 50: As indicated in paragraph 46, Professor Shearer did not receive any support in his earlier consultations for his proposal that the 'depoliticisation' of terrorist type offences by the Strasbourg Convention should be incorporated in the Commonwealth
We see Scheme. He has nevertheless persisted with this suggestion. considerable objections, which cannot however be openly stated at the Meeting nor in this brief which will be available to Dependent Territories representatives and in any case should be unclassified.
These objections are indicated in paragraph 6.20 of EWPR which says that it was possible for the UK to join with Council of Europe States in considering limiting the political safeguard 'only because they share with us the institution of democratic government and a respect for human rights!. EWPR goes on to say that while we can clearly have confidence in the judicial and political systems of our partners in the Council of Europe we could not necessarily have the same confidence in other States' with which diplomatic and other ties are
EWPR is however expressly about extradition between the UK and foreign states. Unfortunately we cannot avoid having the same reservations about certain Commonwealth States. The line to take has been framed against this background. I propose that the following should be substituted for the last two sentences to avoid any appearance of indifference to the terrorist problem outside Europe:
more tenuous.
'However we would need to consider very carefully any proposals to incorporate generally into the Commonwealth Scheme these features of the international Conventions in this field. The ECST in particular relates to the circumstances of European countries where the movement of terrorists across frontiers may be easier - and their detection harder than between many countries of the Commonwealth. Where there is a problem of the movement of terrorists within the Commonwealth it might be better for it to be tackled on a bilateral or regional basis'.
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Paragraph 62: The words 'It is not known why
were written before the Home Office had available the minutes of the 1966 meeting at which the Scheme was drawn up. The Home Office will consider revising this paragraph in the light of the minutes. The inclusion of the phrase 'of the same nature as the offence for which he was returned' which we would be happy to see deleted is not so far as I can see supported in the minutes by any reasons.
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/Paragraph 74:
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