TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 122

[SJAADA]

IT MON

Foreign and Commonwealth Office

London SW1A 2AH

Telephone 01-

233 4439

25

Your reference

HKK 383/1

M V Stone Eq

Security Branch

Government Secretariat

HONG KONG

unn 2831

RECEIVED IN REGISTRY

2 1MAY 1986

Our reference

Date

Dear Sline

DESK OFFICER

INDEX

PA

REGISTRY

Action Taken

20 May 1986

COLONIAL PRISONERS REMOVAL ACT

1. I am sorry to have taken so long to reply to your letter of 31 January, which as you will appreciate has necessitated further consultation with our Legal Advisers and the other Departments involved.

2.

we

the

and

are at one except on As you say in your letter, question of whether Hong Kong or the United Kingdom initiates the removal procedures. I note that Hong Kong are unlikely to wish to have prisoners

from the territory, removed indeed did not intend to suggest anything to the contrary in my letter of 12 December. However, our Legal Advisers and

Defence Ministry of

the

on

their

in behalf

both remain

my

I

of 12

firm in the views letter to

you

summarised December.

3.

ΤΟ

HMG's

I this impasse

exists that with the Hong

recognise a a distinction

overcome

relationship

would suggest in many other

Government, Kong

that we areas of

i.e.

We

between formal and

formal and informal processes

informal processes of consultation.

to

No

occur.

should not I believe allow ourselves to arrive in a situation the Secretary of whereby it is theoretically possible that State would formally request the Hong Kong authorities remove a prisoner, and they would then formally refuse. amount of informal consultation (on the lines of paragraph 5

letter) of your

that will guarantee

such would not However if we recognise that this need not preclude informal contacts between HKG and HMG (initiated by either side, and

the Governor not

might whether necessarily by HKG) on request, and the Secretary of State agree to, a prisoner's removal, then this would enable us to agree in principle that a formal once the groundwork was completed satisfactorily request by the Governor (Stage (3) of the framework given in the summary of advice enclosed with my earlier letter) would the framework issue. Thereafter the subsequent stages of would follow.