TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 159

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YOUR TELNO 2050: UK-US SUPPLEMENTARY EXTRADITION TREATY 1. ACTION TAKEN ON 24 NOVEMBER WITH DALTON (STATE DEPARTMENT

LEGAL ADVISERS).

2. DALTON'S FIRST REACTION WAS THAT A STAGGERED RATIFICATION PROCEDURE WOULD BE INCONSISTENT WITH US PRACTICE, PARTICULARLY GIVEN THAT THE SUPPLEMENTARY TREATY CONTAINED AN ANNEX SPECIFYING TERRITORIAL APPLICATION, INCLUDING TO HONG KONG. DALTON FEARED THAT EXCLUSION OF HONG KONG MIGHT REOPEN DEBATE ON THE TREATY, EG ON THE HILL.

3.

FOLLOWING TELECONS SHETNWALD/HILL (LEGAL ADVISERS), WE SUGGESTED TO DALTON ON 25 NOVEMBER THAT THE POSITION CONCERNING HONG KONG SHOULD BE THE SUBJECT OF AN AGREED MINUTE TO BE SIGNED ON EXCHANGE OF INSTRUMENTS OF RATIFICATION. THIS WOULD MAKE CLEAR THAT THE TERRITORIAL APPLICATION SPECIFIED IN THE SUPPLEMENTARY TREATY WAS NOT ITSELF BEING CHANGED, MERELY SUSPENDED IN RESPECT OF HONG KONG PENDING COMPLETION OF THE PROCEDURES FOR CONSULTATION WITH THE CHINESE.

4. AFTER SOME DISCUSSION DALTON HAS CONFIRMED THAT THE SUSPENSION FORMULA WOULD BE ACCEPTABLE TO THE US, PROVIDED THE UK INSTRUMENT OF RATIFICA- TION WAS ITSELF UNQUALIFIED. (WE SAID THAT WE WERE NOT AWARE OF ANY INTENTION TO ADJUST THE INSTRUMENT, BUT WOULD SEEK CONFIRMATION.) DALTON ADDED THAT SUSPENSION OF A PART OF A TREATY WAS A MATTER FOR THE EXECUTIVE BRANCH AND THAT THERE WOULD THEREFORE BE NO NEED FOR A FURTHER SUBMISSION TO THE SENATE. HOWEVER, AGREED MINUTES WERE USED IN US PRACTICE ONLY AT SIGNATURE. HE WOULD THEREFORE PREFER THE POSITION ON APPLICATION TO HONG KONG TO BE COMMUNICATED BY MEANS OF AN EXCHANGE OF THIRD PERSON NOTES AT RATIFICATION. A PARTIAL PRECEDENT WAS PROVIDED BY A RECENT US-ITALIAN MUTUAL LEGAL ASSISTANCE TREATY, ONE PART OF WHICH HAD BEEN DISCOVERED AFTER RATIFICATION NOT TO HAVE BEEN ADEQUATELY COVERED IN DOMESTIC IMPLEMENTING LEGISLATION. EXCHANGE OF NOTES HAD SUSPENDED THAT PART OF THE TREATY UNTIL THE POSITION WAS REGULARISED.

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