TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 123

4.

This would leave it to Hong Kong to initiate the formal procedures (which is where our Legal Advisers are firm that the responsibility under Section 5 of the Act should lie) but would leave it open to HMG to make the first approach to you (albeit in formally) in cases where it is in our interests to do SO (para 4 of your letter). It would also provide you with a basis upon which to consult ExCo on whether a formal request should be made by the Governor for a prisoner's

removal.

5.

I believe that this would meet the Governor's requirements that procedures be adopted to handle further removals under the 1884 Act, whilst retaining the flexibility we should need in order to ensure through informal exchanges that the formalities required under the Act would proceed smoothly each time.

I can see no other way out of the current impasse. Please let me know whether these proposals are acceptable to you. If they are not, I am afraid that we see no alternative but to continue to proceed on case-by-case basis as we have suggested previously.

6. Having said all this, the repeal of the 1884 Act is still

possibility.

а

We

shall,

of course, let you know what

transpires.

Yo

Дай

PP

C E Leeks

Hong Kong Department