TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 188

CONFIDENTIAL

Hennig than

Zaxcept

m

accordance with

an international

ogreennt

"1.

There are precedents for

criminal jurisdiction such international

extra-territorial respect of hijacking

assuming

in

agreements as internationally

either to

are

common to

relevant

or agreements about protected persons. in consequence of an obligation extradite or to try, but the

but the offences Limited and, presumably, parties

the

The jurisdiction is assumed

to

very all the international In addition there is nothing to extra-territorial

Convention. prevent a state asserting jurisdiction

over its own nationals. United Kingdom does So in relation to bigamy and various other offences. the problem here is that of evidence. There would be objection to

asserting

jurisdiction

nationals

2 =

nalsfe

extra-territorial

The murder, However, getting the

a state

criminal

its

over persons who were not

see

as

"backed" by in another

So far as China is concerned, I don't the extra-territorial jurisdiction providing a way into the post-1997 arrangements

route but perhaps a possible route would some system of backing warrants, that is to say be to adopt a warrant for arrest and removal is issued in one jurisdiction (China) and is signature

a judicial authority jurisdiction (Hong Kong). At this might well be possible to make depend upon the satisfaction of authority of certain preliminary issues though the more that Looks like extradition the attractive it

Less 1997."

Chinese after

of

will be to the

stage it the backing the judicial

5. We hope these preliminary comments may be useful David Jeaffreson's group in their researches. There would certainly appear to be Core difficulties Long the route as well, and you may find that Paul's alternative suggestion offers thought. We would

scope for further

"extra-territorial"

grateful

if you Would as Hong Kong's thinking on this

in any event be keep us in the picture thorny issue develops.

cc: D G Blunt Esq

PEKING

A M Layden

Hong Kong Department

- Har