TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 224

布政司署

香港下亞厘畢道

*** OUR REF.: SCR 1/2716/80

來函檔號 YOUR REF.:

Mr Clinton Leeks

DIEU

KEMON

DROW

HKK 384/2

RECEIVED IN REGISTRY

Hong Kong Department

- 4 JUL 1986

(CER

PA

is

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

Sert & W Mill

Ads. for Legal Adver

colmant

REGISTRY

Action Taken

7

77.86

Foreign and Commonwealth office cen

Downing Street

London SW1A 2AL

UNITED KINGDOM

Dear Mr Leeks,

27 June 1986

Любий

This sounds undoled

up

clarly (NID:

to me. Con

you pre сезть

Д

with extirpp on extraditi

Home Office White Paper

-

Criminal Justice Plans for Legislation

(March 1986)

In paragraph 50 of the White Paper it is stated that HMG supports the abolishment of the requirement that a state requesting the extradition of a fugitive from England must establish in an English court a Prima Facie case against the fugitive according to English rules of evidence. In the Green Paper on Extradition (February 1985) it is suggested

(para 2.9) that magistrates hearing extradition cases and the Secretary of State would merely have to be provided with sufficient information to establish the identity of the fugitive, the facts complained of and the relevant legal provisions before a decision on whether to extradite or not is taken (although further information could be called for if the fugitive raises a 'political' defence).

It appears to us that the magistrate will therefore be basing his decision solely on the identity of the fugitive and the fact that an offence has been commited, without any evidence to connect the two. would be most grateful if you could clarify exactly how magistrates are expected to deal with requests for extradition in the absence of a Prima Facie case requirement.

yous

sincerely Graha Arell

(Graham Arnell )

for Secretary for Security