TNAG-1708-FCO40-2383-Hong-Kong-narcotics-offences-and-drug-trafficking-1987 — Page 122

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1.

RESTRICTED

112134 MDHIAN 4515

16 ALONE WOULD ALLOW THE RIGHTS AND FREEDOMS REFERRED TO IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS TO BE ERODED BY SAR LAWS. THAT SUGGESTED ARTICLE HAS NOT (NOT), SO FAR AS WE

WE WOULD KNOW, APPEARED IN ANY PUBLISHED DRAFT OF CHAPTER III. THUS PREFER, IF POSSIBLE, TO AMEND THE LAST CLAUSE OF THE THIRD SENTENCE TO READ: QUOTE

REMAIN IN FORCE AND I HAVE NO REASON TO DOUBT THAT THIS WILL BE GIVEN EFFECT IN THE BASIC LAW UNQUOTE. CONSEQUENTIALLY THE BEGINNING OF THE FOURTH SENTENCE SHOULD BE AMENDED TO READ: QUOTE THERE WILL, THEREFORE, BE THE SAME

UNQUOTE.

4. IN ADDITION

WE SUGGEST THE FOLLOWING CHANGES :

(A) THE SIXTH AND FOLLOWING SENTENCE IN PARAGRAPH 1 STARTING WITH QUOTE ARTICLE 31 UNQUOTE TO THE END OF THE PARAGRAPH BE A SEPARATE PARAGRAPH AND THE SENTENCE NOW NUMBERED PARAGRAPH 1 STARTING WITH QUOTE HMG, HAVING CONCLUDED

UNQUOTE SHOULD BE

PLACED AT THE END OF THE NEW PARAGRAPH 1:

(B) QUOTE DRAFT ARTICLE 16 OF SECTION 4 OF CHAPTER III UNQUOTE IN PARAGRAPH 1 SHOULD READ QUOTE DRAFT ARTICLE 16 OF SECTION 4 OF CHAPTER IV UNQUOTE:

5. PARAGRAPH 3.

WE WOULD GREATLY PREFER TO DEAL ONLY WITH TRANSFER OF SENTENCED PRISONERS AND TO OMIT REFERENCES TO RENDITION BETWEEN HK AND THE PRC. IN ANY CASE WINCHILSEA IS REFERRING ONLY TO THE FORMER WE SUGGEST DELETING THE SECOND, THIRD AND FINAL SENTENCES.

6. WE NOTE THAT YOUR DRAFT PARA. 6 DOES NOT ANSWER WINCHILSEA'S POINTS IN THE LAST SENTENCE OF HIS LETTER (YOU REFER TO POST-1997 ARRANGEMENTS WHEREAS HE IS CONCERNED WITH FUGITIVES RETURNED TO HK PRIOR TO 1997). WE ALSO NOTE THAT YOUR DRAFT REPLY IMPLIES A

INTO A BILATERAL COMMITMENT ON THE PART OF HMG TO SEEK TO ENTER ARRANGEMENT FOR THE RETURN OF FUGITIVE OFFENDERS BETWEEN

UK AND THE WHOLE OF THE PRC. WE WERE PREVIOUSLY UNAWARE OF THIS PLAN. WE THEREFORE SUGGEST THAT PARA. 6 BE AMENDED FROM THE THIRD SENTENCE ONWARDS TO READ :

''IN THE COURSE OF SUCH NEGOTIATION WE WILL NATURALLY SEEK TO SECURE

WHICH SAFEGUARDS COMPARABLE TO THOSE WHICH EXIST UNDER THE FOA, WILL APPLY TO ANY PERSONS WHO UNDER CURRENT ARRANGEMENTS HAVE BEEN RETURNED TO HONG KONG.

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WILSON