TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 226

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OCMIAN 37813

CONFIDENTIAL

PP NEDEL

FM FCOLN TO NEDEL

191400Z MAY

GRS 480

Linn 38t

RECEIVED IN REGISTRY 2 1MAY 1986

37813 1

́DESK OFFICER

ASTRY

LINDS

PA

Aguon Taken

PA

CONFIDENTIAL

FM FCO

TO PRIORITY NEW DELHI

TELNO 561

OF 19140OZ MAY 86

AND TO PRIORITY HONG KONG

13

Xtablim

Reto

YOUR TELNO 592: EXTRADITION OF THADANI

FROM NTD

1.

THERE IS NO OBVIOUS LEGAL PROBLEM WITH CASE AS SEEN FROM

HERE. IT IS POSSIBLE THAT CONSULAR DIVISION OF MEA MAY SUPPOSE

THAT PROVISIONS OF INDIAN EXTRADITION ACT 1962 APPLY ONLY TO UK,

AND NOT TO HONG KONG OR OTHER UK TERRITORY. AT FIRST GLANCE,

THIS IS THE IMPRESSION GAINED FROM THE RELEVANT INDIAN

LEGISLATION, THE PRINCIPAL STATUTES BEING THE 1962 ACT AND

ORDER GER 34 (E) OF 20 JANUARY 1972, REGISTERED AS NO D221

IN THE INDIAN GAZETTE.

2. THE ORDER, WHICH DIRECTS THAT THE PROVISIONS OF THE 1962 ACT, OTHER THAN CHAPTER III, SHALL APPLY TO THE UK WEF 20 JANUARY 1972 WAS MADE UNDER SECTION 3(1) OF THE 1962 ACT,

WHICH ENABLES THE CENTRAL GOVERNMENT TO DIRECT THAT THE ACT

SHALL APPLY (B) TO SUCH COMMONWEALTH COUNTRY OR PART THEREOF

TO WHICH CHAPTER III DOES NOT APPLY: AS MAY BE SPECIFIED IN

THE ORDER'. ACCORDING TO SECTION 2(A) OF THE ACT, A

COMMONWEALTH COUNTRY MEANS ONE SPECIFIED IN THE FIRST SCHEDULE

AND SUCH OTHER COMMONWEALTH COUNTRY AS MAY BE ADDED TO THAT

SCHEDULE BY THE CENTRAL GOVERNMENT BY NOTIFICATION IN THE

1

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