TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 9

HK1 AQS

Foreign and Commonwealth Office

London SW1A 2AH

M J Broom Esq

Security Branch

Government Secretariat

HONG KONG

LKK 383/1

RECEIVED IN REGISTÁY

Telephone 01.233 4439

Your reference

1).;

-

- 1OCT 1986

OFFICER

PA

Our reference HKK 383/1

Date 25 September 1986

REGISTRY

Amety

Дал Павсовет

Den

COLONIAL PRISONERS REMOVAL ACT 1884

1.

I am sorry for the delay in sending you this reply to your letter of 15 July.

2.

It seems to me that the differences that remain between us revolve around semantics rather than practice or policy. I think we are agreed that ExCo's advice that the removal of a prisoner would be acceptable would constitute a formal step. However, as you will be aware from earlier correspondence, we regard it as axiomatic that any contacts between HMG and HKG prior to this requesting the Governor's assessment as to what advice ExCo might give vis-à-vis a possible removal, or asking the Governor to seek ExCo's advice should be regarded for the purpose of this exercise as preliminary and informal.

3.

same basis

-

e g

This distinction is necessary to enable us to treat these contacts on the

as the very frequent informal contacts we have with the Secretariat to establish what ExCo might advise on any particular issue. If, however, our exchanges were regarded as formal, there would be the possibility that the situation

described in para 3 of my

Letter of 20 May would arise: i e that the Secretary of State might formally request a prisoner's removal, and that Hong Kong would refuse. Since this clearly would be unacceptable (and constitutionally most undesirable in terms of the existing relationship between HMG and the Hong Kong Goverment), I should be grateful for your

confirmation that you would regard as preliminary and informal the steps to be taken prior to ExCo's advice being sought on the acceptability of a prisoner's removal.

4.

This preliminary consultation could, of course, be initiated by either side: it could be initiated by you in circumstances where you wished a prisoner to be removed; we could then respond informally before you sought ExCo's advice (para 3 3 of your

Letter of

of 20 May). This would