TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 131

HUD 370/2

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Foreign and Commonwealth Office

London SW1A 2AH

Telephone 01- 270 3066

JDM Rennie Esq

Office of the Parliamentary Counsel

36 Whitehall

LONDON

SW1A 2AY

Your reference

Our reference

Date

5 May 1988

CRIMINAL JUSTICE BILL : EXTRADITION

1.

Thank you for copying to me your recent correspondence with David Bentley about Part I of the Criminal Justice Bill. We here have the following comments.

2. Your letter of 13 April 1988

We are happy with the amendments which you suggest to clauses 1 and 18.

3.

Your letter of 15 April 1988

(a) International Conventions

Again, we are content with your amendments dealing with International Extradition Conventions. Perhaps I could raise two minor points, however. First, is the definition of "relevant convention" in the present section 9 (2) of the Aviation Security Act 1982 wide enough to cover references to "relevant convention" in the new section 9A? Second, I think the new section 3A (1) (i) of the Internationally Protected Persons Act 1978 should refer to section 3 (2) (a), not section 3 (1) (a).

(b) Application to Colonies

I am afraid that we cannot accept the new formulation of this Clause. The specific reference to Instructions is, in our view, unnecessary because the Governor is always subject to the instructions and directions of the Secretary of State. Moreover, the new wording may cast doubt on the right of the Secretary of State to issue instructions to the Governor under section 17 of the 1870 Act. As I indicated in my letter of 8 March, such an implication would be highly undesirable, and we would like to avoid any risk of it arising. We therefore wish to retain the wording of the version of the clause attached to your letter of 9 March 1988, which made clear that the power is the Secretary of State's but that the Governor is empowered to exercise it on his behalf. Since that is the case, we cannot see that there is a risk of a clash of jurisdiction between the Governor and the Secretary of State. Nor do we think that the previous formulation

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