TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 154

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FIRST, THAT THE NEW TREATY IS LIKELY TO HAVE A NEGLIGIBLE EFFECT ON HONG KONG: SECOND, THAT WE HAVE STRONG REASONS FOR RATIFYING THE TREATY AT ONCE: AND THIRD, THAT BECAUSE OF THIS WE HAVE CONSULTED THEM IMMEDIATELY EVEN THOUGH THE SUBJECT REQUIRES MORE

GENERAL DISCUSSION BETWEEN US BUT WE HOPE THEY WILL TREAT THE

UK/USA SUPPLEMENTARY EXTRADITION TREATY AS A SPECIAL CASE THAT IS

WITHOUT PREJUDICE TO SUBSEQUENT CONSULTATIONS ON EXTRADITION.

3.

WE VERY MUCH HOPE THAT YOU CAN AGREE TO THIS APPROACH.

WE HAVE SENT BY BAG TODAY A DRAFT SPEAKING NOTE INTENDED TO

ACHIEVE THIS PURPOSE WITH THE CHINESE. WE. WOULD HAVE NO OBJECTION TO YOUR SHOWING IT TO EXCO, BUT PLEASE BEAR IN MIND THAT WE WANT TO TAKE ACTION WITH THE CHINESE AS SOON AS POSSIBLE.

ALSO FORWARDED BY BAG (ALSO TO PEKING) ARE COPIES OF THE TREATY AND ASSOCIATED DOCUMENTS, THE RELEVANT ORDERS IN COUNCIL, AND DRAFT ORDERS FOR EXTENDING THE NEW TREATY TO HONG KONG IN DUE

COURSE.

4.

FOR YOUR OWN INFORMATION, YOU SHOULD KNOW THE BACKGROUND TO OUR WISH TO RATIFY THE TREATY WITHOUT DELAY. FOLLOWING SIGNATURE OF THE SUPPLEMENTARY TREATY IN JUNE 1985, WE MOUNTED A SUBSTANTIAL CAMPAIGN IN THE UNITED STATES TO ENSURE THAT THE TREATY RECEIVED SENATE APPROVAL. THIS WAS ACHIEVED IN JULY THIS YEAR ONLY AFTER CONSIDERABLE PRESSURE FROM US AND SUPPORT FROM

THE US ADMINISTRATION. THE NEW TREEATY IS ESSENTIALLY IN OUR

INTERESTS, NOT THOSE OF THE AMERICANS, AND WE CANNOT NOW BE SEEN TO BE DRAGGING OUR HEELS IN EFFECTING OUR OWN IMPLEMENTATION OF THE TREATY. FURTHER, WE MAY SHORTLY NEED TO REFILE AN EXTRADITION REQUEST FOR DOHERTY, A CONVICTED MURDERER, WHOSE EXTRADITION WAS PREVIOUSLY REFUSED BY THE US COURTS ON THE

GROUNDS THAT HIS OFFENCE WAS POLITICAL. HIS CASE PROVIDED THE

IMPETUS FOR THE NEGOTIATION OF THE NEW TREATY. HE IS AT PRESENT

BEING HELD UNDER IMMIGRATION POWERS AND WE MAY LOSE THE OPPORTUNITY TO REFILE AN EXTRADITION REQUEST IF WE DO NOT RATIFY

THE TREATY BEFORE THE END OF THE YEAR.

5.

WE WILL TELEGRAPH SEPARATELY ON THE UK/ITALY EXTRADITION

TREATY (YOUR TELNO 3984).

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