TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 248

CODE 18-77

AWO Ltd. 7/84

RD1AHT

CONFIDENTIAL

After Ryldedyk COD DA Rylchet

HKK 384/2

Reference.......

l'à

aytes gaubally. The check that Guidance 13

1

Mr Les

fr Leeks

Tappee

مها

даже

REFORM OF UK EX TRADITION LAW

на ни

Cte 17/3

1.

FCO proposed to 1986/87.

Telno Guidance 013 (folio 3)

sets out the changes UK extradition laws in the Criminal Justice Bill In view of a judgement last year by the Supreme Court of Hong Kong (folios 11 and 12 in 1985 file) it is likely that the Bill, if it becomes law, would be regarded there as having application to Hong Kong because it modifies the Extradition Acts which have direct effect in dependent territories.

2.

When the Green Paper was published in February 1985 (folio 6 - 1985) Hong Kong signalled its interest (folio 7) in view of the local concern over extradition to PRC and the possibility that the need to establish a prima facie case might be discontinued. We told Hong Kong (folio 10) that NTD emphasised that Hong Kong's

interests would be

borne in mind when legislation was being drafted. The se a re unlikely to be assuaged by (11), which provides for the safeguards including the Home Secretary's discretion to withold extradition.

3.

The proposed changes set out in para 3 of Guidance 013 are intended to ease the difficulties presently involved in ex tradition from UK to treaty partners, to demonstrate HMG's commitment to the fight against international crime, and to ensure that fugitives cannot seek sanctuary in UK Hong Kong are likely to have problems wi th (II), (III) and (IV) insofar as extradition to PRC is

concerned. As indicated above, Hong Kong have already (folio 7 - 1985) expressed concern about the need to establish a prime facie case (proposal

(proposal (I))

(I)), presumably as its

to

to

proposed abolition could lead to more people

people becoming liable be extradited to PRC. For the same reason, proposal (III), create а general rule for extradi table offences in place of the present list, is likely to worry Hong Kong as is (IV),

(IV), which provides for extradition to a non-treaty partner, provided an assurance of reciprocity is given. Giver UK cuncens over drings of the international criminality, Mic's encens are mistely to carry a fur of weight-

suggest that we await Hong Kong's Guidance before considering this in more detail.

4.

1

response to the latest

Dand

DJ Barton

12 March 1986

Hong Kong Department

—KK 384 12.

CONFIDENTIAL.

RECEIVED IN REGISTRY

17 MAR 1986

DESK OFFICER

INDEX

PA

REGISTRY

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