GRS 400
CONFIDENTIAL
FM NEW DELHI
TO PRIORITY FCO
TELNO 592
OF 250945Z APRIL 86
AND TO PRIORITY HONG KONG
CONFIDENTIAL
на
RECEIVED IN REGISTRY
2 8 APR 1986
DESK OFFICER INDEX
REGISTRY
PA
Action Taken
кна amidely
FCO FOR SAD.
EXTRADITION OF THADANI
1.
YOU WILL HAVE RECEIVED BY THE BAG LEAVING HERE ON 24 APRIL,
COPIES OF BACKGROUND PAPERS ON THIS CASE, IN WHICH THADANI'S
EXTRADITION ON CHARGES OF FRAUD IS SOUGHT.
2.
止
MY TFT REPEATS FOUR TELEGRAM ON THIS SUBJECT EXCHANGED BETWEEN US AND HONG KONG. WE HAVE CHECKED AGAIN WITH THE ME A WHO HAVE INDICATED INFORMALLY THAT THE PROBLEM IS INDEED A LEGAL ONE. THEY ARE NOT CONVICED THAT ACCORDING TO THEIR EXTRADITION
LEGISLATION SUCH EXTRADITION IS PERMISSABLE.
3. BEFORE PRESSING THE MEA FURTHER I WOULD BE GRATEFUL FOR CONFIRMATION THAT OUR CASE FOR EXTRADITION IS WATER-TIGHT UNDER THE ARRANGEMENTS WHICH EXIST BETWEEN INDIA AND THE UK. I HOPE THERE IS NO LACUNA IN OUR POSITION WHICH WOULD ENABLE THE INDIANS TO ALLEGE THAT THEY DO NOT HAVE AN OBLIGATION TO EXTRADITE TO HONG
KONG.
4. THE CASE FOR EXTRADITION IS SET OUT IN THE GOVERNOR'S LETTER OF 9 JANUARY TO THE MEA AND THE RELEVANT PARAGRAPH IS AS FOLLOWS:
''THE ABOVE NAMED OFFENCES ARE EXTRADITION CRIMES FOR THE PURPOSE OF THE FUGITIVE OFFENDERS ACT 1967 WHICH HAS BEEN EXTENDED TO HONG KONG BY THE FUGITIVE OFFENDERS (HONG KONG) ORDER 1967, AND FOR THE PURPOSE OF THE EXTRADITION ACT 1962 OF INDIA IN THAT THE MINIMUM PENALTY FOR EACH OF THE SAID OFFENCES ON CONVICTION IS IMPRISONMENT FOR NOT LESS THAN 12 MONTHS AND THAT THE SAID OFFENCES FALL WITHIN THE CATEGORY OF OFFENCES SPECIFIED IN THE SECOND SCHEDULE TO THE EXTRADITION ACT 1962 OF INDIA'.
ARE THERE ANY PRECEDENTS FOR SUCH EXTRADITION? IF THERE ARE ANY LEGAL LOOPHOLES IN OUR CASE IT WILL GIVE THE INDIANS FURTHER
GROUNDS FOR CLAIMING THAT PRESENT EXTRADITION ARRANGEMENTS ARE INADEQUATE AND SHOULD BE REPLACED BY
COMIDENTIRE
豐
BILATERAL TREATY.
15.
No comments yet.
Private notes are available after approval.