TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 180

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"1.

to

the

relevant

assuming

in

as

There are precedents for extra-territorial criminal jurisdiction respect of such international agreements hijacking or agreements about internationally protected persons. The jurisdiction is assumed in consequence of an obligation either to extradite or to try, but the offences are very Limited and, presumably, common to all the parties

international Convention. In addition there is nothing to prevent a state asserting extra-territorial jurisdiction over its Own nationals.

The 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

extra-territorial

criminal jurisdiction over persons who were not its nationals, otherwise than in accordance with an

international experiment.

2. So far as China is concerned, I don't see the 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

removal is issued in one jurisdiction (China) and is "backed" by signature of a judicial authority 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.

5. We hope these preliminary comments may be useful to David Jeaffreson's group in their researches. There would certainly appear to be

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.

cc: D G Blunt Esq

PEKING

A M Layden

Hong Kong Department

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