TNAG-1708-FCO40-2383-Hong-Kong-narcotics-offences-and-drug-trafficking-1987 — Page 149

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Page Two/Hong Kong.

HOUSE OF LORDS

other Chinese Ststutes, be subject to interpretation by the

Standing Committee of the National People's Congress. I note

that the terms of the Joint Declaration contain no specific

restrictions on the use of retroactive legislation by the HK

SAR.I also note that there are no procedures laid down to resolve

any dispute over the implementation of the joint declaration.

An amendement to Article 152 of the Criminal Law of the PRC

which came into force on

into force on 1st April 1982 extended the death

penalty to a wide range of offences including 'economic crime'

The first executions under this amendement took place in January

1983.it is particularely concerning, with regard to fugitives

returned to HK and then surrendered to the PRC without adaquate

safeguards being fortcoming, that the PRC have retroactively

imposed the death penalty and I refer to the executions of Cheng

Jian, Xie Yinbin, Peng Zijun and Yin Quingjiang on 4th September

1983. I would also note that any Chinese citizen may request

the court to reopen a

decided case for retrial and there is

no time limit for such action.

I would appreciate your early confirmation that the Government has negotiated, and that the Basic Law of the HK SAR will contain guarantees that will ensure that any fugitive returned to HK, under provisions of FAO 1967, before 1997 and subsequently

surrendered to the PRC will; 1. Not be charged with any offence

other than those listed in 4 (3)a) b) c) of FOA 1967; 2.Be guaranteed the rights embodied in 4 (3) of the FAO 1967; 3.Not face the death penalty for any offence committed before 1997. Clearly with ongoing cases currently before the courts this matter is of extreme urgency and I would appreciate your response accordingly I understand that an approach to HE The Ambassador

of the PRC to the Court of St. James is seeking like assurances

to those which I seek, is planned.

Will how to de surrendent unde

good wealoves.

Yours sincerely,

kichilean

c.c.Paddy Ashdown MP.

c.c.Michael Meadowcroft

The Earl of Winchilsea & Nottingham, Liberal Peers Room, House of Lords, Westminster, London SWIA OPW

Telephone: 01- 219 3179 Assistant: Kevin Cahill 01- 833 3086