TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 183

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In this particular case Interpol Hong Kong consulted Immigration Department records, which showed that three of the four had left Hong Kong for Tokyo on 12 July 1985, that the fourth had gone to Bangkok on 16 July and that none had since returned to Hong Kong. This information, together with passport and flight numbers was sent by Interpol Hong Kong to Interpol Peking on 7 February. Unfortunately the message ended with the words "the movements of these individuals will be monitored and you will be informed should they return to Hong Kong".

One of the four, Luo Jinglun, returned to Hong Kong from Brazil on 1 June. We therefore faced the problem of whether to tell the Chinese. The question was made no easier by recent death sentences imposed by Chinese courts on Hong Kong residents and the well publicized execution of a Hong Kong man in Guangdong in May. If we had told the Chinese that Luo was here it would have been in the certain knowledge that we should be asked to hand him over. We would have had to refuse, and a row would have ensued. If we had said nothing there would have been a risk that the Chinese would discover for themselves that Luo was here and a bigger row might have ensued.

Of the two we decided that the better course was not to tell the Chinese (we considered and dismissed the idea of advising Luo informally that he would be better off elsewhere: this tactic could easily misfire). We were on the point of putting this view to London when Luo left Hong Kong for Tokyo.

If Luo had not left Hong Kong and the Chinese had somehow discovered that he was here and complained to us we should have had to respond firmly:

a bit weak. It is surely in riki's interest to

to do what it

can

to

people ripping

stop its own If the Chinese.

hardly consistent,

a) That the difficulties over extradition were

well-known and had been made no easier by recent death sentences for economic crimes in China;

b)

with earlier!

exchange

c)

and

Since Luo was not wanted for an offence committed in Hong Kong and since there were no procedures for trying here offences committed elsewhere, there was nothing we could do.

For these two reasons it had seemed pointless to inform Peking Interpol of his presence here.

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With the vast amount of travel by Hong Kong residents in China (20 million border crossings last year) this sort of problem is bound to recur It is surprising to me that we have not had more problems with fugitive offenders. It must be only a matter of time before we have a really serious case in which, say, a Hong Kong belonger kills a Chinese policeman and escapes back to Hong Kong. We would face great pressure to hand over someone wanted for murder in China; China has handed over people wanted for murder here.

CONFIDENTIAL