TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 192

? Hus

Kritte

i. it cheals

布政司署

香港下亞厘畢道

*** OUR REF.:

CONFIDENTIAL

384/2

GOVERNMENT SECRETARIAT LOWER ALBERT ROAD

HONG KONG

Both Hill's handling of

recent case & their longer

inclinations seem to me

the

TEU

term

question-

able on a number of counts. M..

them

30th July, 1986

We must watch this very carefully. An interesting

letter on a

a v. difficult problem

* YOUR REF.::I thank Mr. Fijort (Which it is not alloy the clar time how the plan to

sho. see this letter.

you

of revolve): if for apree, Mihit bence,

A. M. Layden, Esq., HKD, FCO,

が

Daw Anthony

forward to seeing

I will and on intari

thanks, twe

sying

Cook

Working Guy's news indic

Ctr 778

Hong Kong Citizen wanted by the Chinese Police

When you were here in June I mentioned to you the problem we had over a Hong Kong citizen wanted for fraud in China. I was on the point of drafting a telegram to London on this when the person in question left Hong Kong for Tokyo.

The matter had in any case by then become eclipsed by another incident of which you are aware. You may however like to have the story set out for your records.

On 4 January Interpol Peking sent a message to Interpol Hong Kong alleging that four Hong Kong identity card holders had committed fraud in Shenzhen in July 1985. The sum involved was over three million Yuan (over 500,000) which the four had illegally exchanged for Hong Kong dollars before. fleeing to Hong Kong. The message gave no evidence to support these allegations but did give names, dates of birth, addresses and identity card numbers of the four. Interpol Hong Kong were asked to investigate. The message concluded "We further expect these subjects can be sent back to us to punish or at least you try to seize this defrauded money and return to us.

#

As you know there are no extradition arrangements between Hong Kong and China and there is no way in which a fugitive offender wanted for or convicted of an offence in China and who is lawfully in Hong Kong can be returned to China. Illegal immigrants (and hijackers) are a different matter. China's/Extradition Ordinance (Chapter 235 of the Lawsof Hong Kong) is outdated and makes references to the Treaty of Tientsin 1858 and to the Republic of China. It is out of the question that the Chinese would request the return of fugitives under this Ordinance.

"Chinesi' with whichthion Chine 19

ni...

There is a longstanding Chinese interest in the return of fugitive offenders. Since China joined Interpol there have been a number of references to "extradition", such as that in paragraph 2 above, by Peking Interpol in their communications with their Royal Hong Kong Police counterparts. These references have not been answered. However, if information is requested it is, where possible, supplied.

CONFIDENTIAL