TNAG-1708-FCO40-2383-Hong-Kong-narcotics-offences-and-drug-trafficking-1987 — Page 157

HUMABM

1st Edition

CONFIDENTIAL

Fulε

Mr McLaren

PS/Mr Eggar

HK 383

RECEIVE

10)

STRY

2 O AUG 1987

FROM:

T W M SMITH

HONG KONG DEPARTMENT

DATE:

19 August 1987

cc. PS/Lord Glenarthur

REGISTRY

Mr Fifoot, Legal Advisers

LETTER FROM THE EARL OF WINCHILSEA:

STATUS OF PRISONERS IN HONG KONG AFTER 1997

A

B

1.

I submit a draft reply to the Earl of Winchilsea's recent letter to Lord Glenarthur (attached).

2.

The letter is rather muddled and it is by no means clear

exactly what concerns

It is evident, however, Lord Winchilsea. that it follows up a series of PQs earlier this year from Messrs. Meadowcroft and Ashdown. The relevant extracts from Hansard are

attached.

3.

There appear to be two elements of concern in the letter:

Taken

(a)

(b)

4.

that a fugitive offender returned to Hong Kong before 1997 under the Fugitive Offenders Act 1967 might become, in 1997, subject to the PRC's criminal code and suffer,

retroactively, a harsher sentence (perhaps execution) for the offence he committed;

a more general worry about arrangements that may be in place after 1997 for the exchange of fugitives between Hong Kong and the rest of the PRC, particularly in respect of safeguards against the imposition of unduly harsh sentences.

The draft reply is self-explanatory in dealing with the

first of these.

CONFIDENTIAL