TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 178

CONFIDENTIAL

5.

David

Convention.

The

In addition there is nothing to prevent a state asserting extra-territorial jurisdiction over its own nationals. United Kingdom does so in relation to murder, bigamy and various other offences. However, the problem here is

that of getting the evidence. There would be objection to a state asserting jurisdiction over personsTM who were not its nationals, otherwise than in accordance with an international agreement.

2. the

extra-territorial

criminal

So far as China is concerned, I don't see extra-territorial jurisdiction route as providing a way into the post-1997 arrangements but perhaps a possible route would be to adopt some system of backing warrants, that is to say a warrant for arrest and removal is issued in one jurisdiction (China) and is "backed" by signature of

of a judicial authority in

in another jurisdiction (Hong Kong). At this stage it might well be possible to make the backing depend upon the satisfaction of the judicial authority of certain preliminary issues though the more that looks like extradition the less attractive it will be to the Chinese after 1997."

We hope these preliminary comments may be useful to Jeaffreson's group in their researches. There would certainly appear to be substantial difficulties along the "extra-territorial" route as well, and you may find that Paul's alternative suggestion offers scope for further thought. We would in any event be grateful if you would keep us in the picture as Hong Kong's thinking on this thorny issue develops.

Yours singleby

sriginaly Juterony

A M Layden

Hong Kong Department

CC

D G Blunt Esq PEKING

CONFIDENTIAL