TNAG-1586-FCO40-2160-Hong-Kong-extradition-application-of-UK-extradition-treatie-1986 — Page 251

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CRIME AND ITS DETERMINATION TO ENSURE THAT FUGITIVE CRIMINALS

DO NOT FIND SANCTUARY IN THE UK.

ADDITIONAL POINTS

MISSIONS IN WESTERN EUROPE

5.

THE PROPOSED REFORMS, PARTICULARLY THE ABOLITION OF THE PRIMA FACIE REQUIREMENT, WILL, IF ENACTED, REMOVE

IMPORTANT DIFFERENCES BETWEEN OUR OWN PROCEDURES AND THOSE

ADOPTED BY OTHER EUROPEAN COUNTRIES. THE HMG

WILL BE ABLE TO CONSIDER BECOMING A PARTY TO THE EUROPEAN

CONVENTION ON EXTRADITION.

MISSIONS IN FOREIGN COUNTRIES WITH WHICH THE UK HAS NO

EXTRADITION TREATIES IN FORCE (EXCEPT SPAIN)

6.

(IF ASKED). THE POLICY OF THE UNITED KINGDOM IS

TO ENTER INTO FORMAL EXTRADITION ARRANGEMENTS ONLY WHERE THERE IS A BROAD BASIS OF RECIPROCITY IN THE LEGISLATIVE, JUDICIAL AND PENAL PRACTICES OF THE UK AND THE OTHER COUNTRY CONCERNED. HOWEVER, SHOULD THE PROPOSED REFORMS BE ENACTED, WILL BE ABLE, ADDITIONALLY, TO CONSIDER ON ITS

HMG

MERITS AN EXTRADITION APPLICATION FROM A COUNTRY WITH WHICH

NO TREATY EXISTS, PROVIDED AN ASSURANCE OF RECIPROCITY IS GIVEN.

MISSIONS IN COMMONWEALTH COUNTRIES

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THE PROPOSED REFORMS DO NOT AFFECT THE RETURN OF FUGITIVES TO COMMONWEALTH COUNTRIES, WHICH IS GOVERNED BY THE FUGITIVE OFFENDERS ACT 1967. THIS ACT IMPLEMENTS THE 1966 COMMONWEALTH SCHEME FOR THE RENDITION OF FUGITIVE OFFENDERS. THE COMMONWEALTH

SCHEME WAS SUBJECT TO REVISION IN 1983 AND DISCUSSIONS ARE CONTINUING WITH A VIEW TO DETERMINING WHETHER FURTHER REVISION IS REQUIRED. THE GOVERNMENT IS CLOSELY MONITORING DEVELOPMENTS IN COMMONWEALTH EXTRADITION PRACTICE AND MAY CONSIDER AMENDING

THE FUGITIVE OFFENDERS ACT TO REFLECT THESE.

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FCO PALACE WHITEHALL

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