TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 131

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Mr Barton, HKD

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COLONIAL PRISONERS REMOVAL ACT

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1. I agree with the general policy behind this draft. I think it is a good attempt to bridge the gap which exists between HMG and HKG, and that it goes as far as it reasonably can towards making concessions.

2.

As regards the drafting, I would suggest that the final two sentences of the second paragraph are removed, as the arguments are in many respects matters of policy rather than law.

I would also suggest that the first five words of para- graph 3 are a little too emphatic and should be deleted.

3. Having said this, it seems to me that Hong Kong are really being somewhat unreasonable. Our position is that we are happy to work on a case-by-case basis (paragraph 3 of Mr Leeks letter of 12 December). If Hong Kong want to suggest a regular procedure there is no reason at all for us to agree to it unless it is quite satisfactory to HMG. I would therefore suggest that you "stiffen" the draft by inserting, at the end of para- graph 4:

"If they are not, we see no alternative but to continue to proceed on a case-by-case basis, as we have suggested previously.'

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You could also add the following sentence, unless you feel its tone would be counter-productive;

4.

keep thich

reserve,

"We are certainly not prepared to proceed on the basis of a system under which the first formal request is made by the Secretary of State.")

5. You may wish to clear the draft with Consular Department, who have a particular responsibility for prisoner repatriation matters.

+11 383/1

RECEIVED IN REGISTRY

CODE 18-77

AWO Ltd. 7/84

1 May 1986

-

4 JUN 1986

DESK OFFICER

INDEX

PA

REGISTRY Acte Taken

John Grainger

John Grainger Legal Advisers