TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 5

布政司署

香港下亞厘畢道

ELMON

** OUR REF.:

(108) in SCR 11/2856/82 III

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

50

來函檔號 YOUR REF.:

* proceduces altere

by

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12512687

Mr C E Leek!

Hong Kong Department

Foreign and Commonwealth Office

London SW1A 2AH

ENGLAND

Dear

Leeks,

1 December 1986

This looks OK to me.

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shield like to agree th reply

ملنا

v. soon. He commull Con's $, bey

fingers Ade. H.D. + MOD + (fyres verced)

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Colonial Prisoners Removal Act 1884

4

Thank you for your letter of 25 September 1986

in which you agreed that the removal of a prisoner under section 2 (b) of the Colonial Prisoners Removal Act 1884 could be initiated by either the FCO or the HKG. I think we can now agree on the procedure for handling removal cases under the Act. I have revised the proposed procedure and attach a copy for your consideration.

The only outstanding point is, I think, the separation of formal and informal steps. I consider that any approach to ExCo must be "formal". Thus I do not propose to consult ExCo until we have a "formal" request from HMG for ExCo to consider the removal of a prisoner. Clearly I do not expect the Secretary of State to sign a Removal Order before ExCo knows anything about the case, but I would expect the FCO and Home Office to have agreed at a suitably high level that you wanted the person back and that the likelihood of this being overruled was minimal.

I hope that the attached procedures reflect this and are acceptable to you.

Subject to your agreeing the procedures, I intend to put them to ExCo for information.

HKK 383/1.

RECEIV

RY

DEC 1986

INGGA

TRY

Trion Taken

Yours sincerely,

мля

( Michael V Stone ) for Secretary for Security

CE 14/12