TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 174

UNCLASSIFIED

76697 1

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(III)

THE DELETION OF THE PREVIOUS ARTICLE 2 WHICH RELATED TO THE BARRING OF THE PROSECUTION OF OFFENCES BY

LAPSE OF TIME:

(IV)

THE INSERTION OF A NEW ARTICLE 3 WHICH CONTAINS AN HUMANITARIAN SAFEGUARD ALONG THE SAME LINES AS

凵。

SECTION 4(1)(B) AND (C) OF THE FUGITIVE OFFENDERS ACT 1967.

IN ORDER TO IMPLEMENT THE TREATY IN THE DEPENDENT TERRITORIES,

THE FIRST IS A STRAIGHT- TWO ORDERS IN COUNCIL WILL BE REQUIRED.

FORWARD ORDER IN COUNCIL UNDER SECTIONS 2, 17 AND 21 OF THE

EXTRADITION ACT 1870, WHICH WILL APPLY THE EXTRADITION ACTS IN THE CASE OF THE UNITED STATES OF AMERICA IN ACCORDANCE WITH THE

THE SECOND 1972 TREATY, AS AMENDED BY THE SUPPLEMENTARY TREATY.

IS AN ORDER IN COUNCIL UNDER SECTION 7(3) OF THE SUPPRESSION OF TERRORISM ACT 1978 WHICH WILL EXTEND THAT ACT TO THE DEPENDENT TERRITORIES AT PRESENT ONLY FOR THE LIMITED PURPOSE OF ENABLING CERTAIN PROVISIONS OF THAT ACT TO BE APPLIED IN THE CASE OF THE

THE ORDER WILL NOT AT PRESENT APPLY UNITED STATES OF AMERICA.

THE ACT IN THE CASE OF ANY COUNTRY WHICH IS PARTY TO THE EUROPEAN CONVENTION ON THE SUPPRESSION OF TERRORISM.

RE

THE ORDER

UNDER SECTION 7(3) WILL/P PRODUCE THE 1978 ACT IN A SCHEDULE WITH THE MINIMUM AMENDMENT REQUIRED TO BE APPROPRIATE FOR THE

DEPENDENT TERRITORIES.

THE ORDER CAN ALWAYS BE AMENDED BY

ANOTHER ORDER IF NECESSARY, IF TECHNICAL ERRORS SHOULD LATER BE FOUND. TEXTS OF BOTH ORDERS FOLLOW BY BAG.

5. YOU WILL SEE FROM THE TEXT OF THE TREATY THAT UPON RATIFICATION IT WILL APPLY TO ALL THE DEPENDENT TERRITORIES LISTED IN THE ANNEX AND WE THEREFORE CANNOT RATIFY UNTIL THE NECESSARY IMPLEMENTING LEGISLATION (THE TWO ORDERS IN COUNCIL) APPLIES TO THE DEPENDENT TERRITORIES.

6. WE NOW HAVE A VERY PRESSING CASE IN THE UNITED STATES IN

WE THEREFORE RESPECT OF WHICH WE WISH TO APPLY THE NEW TREATY.

WISH TO SUBMIT THE ORDERS IN COUNCIL TO BE MADE AT THE MEETING OF THE PRIVY COUNCIL ON 25 NOVEMBER, WHICH MEANS THAT THEY WILL NEED

WE TO BE RECEIVED BY THE PRIVY COUNCIL OFFICE BY 19 NOVEMBER. APOLOGISE FOR THE SHORT NOTICE GIVEN.

7. IF WE DO NOT HEAR FROM YOU BY 120OZ 18 NOVEMBER WE WILL ASSUME THAT YOU ARE CONTENT WITH ACTION PROPOSED.

HOWE

OCMIAN 6697

MINIMAL

NTD

LEGAL ADVISERS

EAD

2

COPIES TO:

Miss FLEMING (FOR SBAS

MOD.