TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 75

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

OO HONG KONG DESKBY 100100Z

CONFIDENTIAL

GRS 359

CONFIDENTIAL

DESKBY 100100Z

FM FCO 091600Z NOV 82

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 939 OF 9 NOVEMBER

AND TO IMMEDIATE MONROVIA

19

ник 384/2

34770

No. 51

-PA

EXTRADITION TO LIBERIA : YOUR TELNO 1281

1.

FURTHER TO YOUR TELNO 1226 LIBERIAN EMBASSY ALREADY

INFORMED THAT GOVERNOR WILL ISSUE AN ORDER TO MAGISTRATE TO PROCEED. NEVERTHELESS, ANSWERS TO QUERIES AS FOLLOWS:

2. (A)

STANDARDS OF JUSTICE IN LIBERIA APPEAR TO HAVE IMPROVED SINCE THE COUP: THERE IS NOW AN INDEPENDENT SYSTEM OF COURTS. HOWEVER, NO INFORMATION AVAILABLE ON PRISON SYSTEMS. COULD MONROVIA PLEASE COMMENT ON BOTH AND ON POSSIBLE FUTURE

DEVELOPMENTS.

3. (B) THERE HAS ONLY BEEN ONE REFUSAL TO SURRENDER UNDER THE 1870 EXTRADITION ACT (PLEASE REFER TO THE RECENT WORKING PARTY REPORT ON EXTRADITION PARA 8.3). IN SPECIAL CIRCUMSTANCES, HOME SECRETARY HAS DECLINED TO ISSUE AN ORDER TO PROCEED (SEE PARA 8.8 AND FOOTNOTE). A FORMAL REFUSAL AT THE INITIAL STAGE WOULD ONLY BE GIVEN IF HOME SECRETARY SATISFIED THAT WE WOULD BE PRECLUDED FROM ORDINARY SURRENDER UNDER SECTION 11 OF 1870 ACT, AND IT WAS FELT UNNECESSARY OR UNDESIRABLE TO REFER TO JUDICIAL EXAMINATION. IN OTHER CASES (NUMBER NOT RECORDED), HE MIGHT SEEK TO PREVENT REQUESTING STATE FROM LODGING APPLICATION, OR REQUIRE ADDITIONAL EVIDENCE AT THIS STAGE TO SATISFY REQUIREMENTS OF ACT AND TREATY (EG ARTICLES 10 AND 12 OF ANGLO-LIBERIAN TREATY), WHICH WOULD PROBABLY MEAN REQUEST LAPSES. HOME SECRETARY THEN WOULD NOT

ISSUE AN ORDER TO PROCEED.

4.

(C) HE WOULD PROCEED WITH CAUTION, AND WISH TO BE

1

CONFIDENTIAL

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