TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 170

HKK 384/2 RECEIVED: REGISTRY

12 DEC 1986

PA

REGISTRY Action Taken

met

13/12

UNCLASSIFIED

OCMIAN 8176

UNCLASSIFIED

00 HOKON

FM FCOLN TO HOKON

191538Z NOV

GRS 351

UNCLASSIFIED

FM FCO

TO IMMEDIATE HONG KONG

TELNO 2656

OF 191538Z NOVEMBER 86

78176

1

PA Extraditio

201-

YOUR TELNO 3865: SUPPLEMENTARY EXTRADITION TREATY BETWEEN THE

UNITED KINGDOM AND THE UNITED STATES

1. WE UNDERSTAND YOUR CONCERNS BUT HOPE THAT THE FOLLOWING WILL

HELP TO SATISFY THEM.

2. THE FULL TEXT OF THE SUPPLEMENTARY TREATY AS AMENDED BY THE

EXCHANGE OF NOTES IS CONTAINED IN THE SCHEDULE TO THE ORDER IN COUNCIL TO BE MADE UNDER SECTION 2 OF THE EXTRADITION ACT 1870.

THIS SHOULD NOW HAVE REACHED YOU TOGETHER WITH A COPY OF THE

DRAFT ORDER IN COUNCIL TO BE MADE UNDER SECTION 7(3) OF THE SUPPRESSION OF TERRORISM ACT 1978.

3. YOU WILL SEE FROM THE TEXT OF THE TREATY THAT IT CONTAINS NO

PROVISIONS ON EXTRA-TERITORIAL JURISDICTION. WHEN THE HOME SECRETARY DIRECTS UNDER SECTION 5(1) OF THE 1978 ACT THAT CERTAIN PROVISIONS OF THE ACT WILL APPLY IN THE CASE OF THE UNITED STATES OF AMERICA, HE WILL ONLY DIRECT THAT THE SECTIONS LISTED IN MIFT

SHOULD APPLY. THESE DO NOT INCLUDE SECTION 4 OF THE 1978 ACT AND WE WOULD THEREFORE BE WILLING TO AMEND THE DRAFT ORDER UNDER SECTION 7(3) SO THAT SECTION 4 WOULD NOT APPLY TO HONG KONG BUT ONLY SECTIONS 1, 2, 3, 5, 8 AND 9. ARTICLE 3 OF THE ORDER UNDER SECTION 7(3) ENSURES THAT IT WOULD ONLY APPLY IN THE CASE OF A COUNTRY IN RESPECT OF WHICH THE HOME SECRETARY SHOULD MAKE AN

1

UNCLASSIFIED

33

502

34