TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 18

Nationality and Treaty Department

Foreign and Commonwealth Office

Clive House Petty France London SW1H 9HD

UNCLASSIFIED

G Arnell Esq

Security Branch.

Government Secretariat

Lower Albert Road

HONG KONG

Telephone 01-213

Your reference

SCRI/2716/80

Our reference

GNX 384/1/1

Date

20 August 1986

44-

O/F

EXTRADITION: HOME OFFICE WHITE PAPER "CRIMINAL JUSTICE PLANS FOR LEGISLATION"

1. I am replying to your letter of 27 June to Clinton Leeks, as Nationality and Treaty Department are responsible within the Office for the subject of extradition. I apologise for the delay in replying. It was necessary both to consult the Home Office and to take legal advice in the matter.

2. You are right in saying that, in relation to extradition arrangements with foreign (non-Commonwealth) countries, it is proposed to abolish the prima facie case requirement in the Criminal Justice Bill to be introduced in the next Parliamentary session. This does not, however, mean that there will be no need to establish any connection between the alleged offence and the person sought.

In the case of an accused person, the requesting State will generally still be required to provide the following:

༣ .

(a)

(b)

a description of the person sought, his nationality (if known) and any other information which would help to establish his identity;

a statement of the facts of the offence for which extradition is requested;

the text, if any, of the law

(c)

(i)

(ii)

(iii)

(d)

(e)

defining that óffence;

prescribing the maximum punishment for that offence; and

imposing any time limit on the institution of proceedings for that offence;

a statement of the legal provisions which establish the extraditable character of the offence for which extradition is requested under the relevant law;

a warrant of arrest issued by a judge, magistrate or other competent authority in the territory of the requesting Party.

/4.