TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 132

of the clause precludes the Secretary of State exercising the powers of the Governor, if he thinks fit.

4. Bentley's letter of 19 April 1988

David Bentley wrote on 19 April 1988 (copy attached) raising two other points on the Application to Colonies Clause. First, the reference in sub-section 1 of that clause should be to "sections 1(1) to (8) and 2 to 18". The mistake has simply arisen from the expansion of clause 1 of the Bill.

5.

David also asked whether the FCO would wish colonies to be able to take advantage of the ad hoc extradition procedures in clause 11 of Part I of the Bill. Having consulted colleagues here, our view is that such power would be desirable and we would be grateful if the necessary amendments could be made.

6. Appeals

I have seen the first batch of amendments which deal with appeals and replace the relevant provisions of the 1988 Bill. These are primarily the Home Office's responsibility, but we will be interested to see the consequential amendments to the 1870 Act in due course.

7. Finally, one point on the appeals amendments has slightly concerned me and I have raised it with David Bentley and Mr Kowalski although I do not think it is strictly an FCO point. There seems to be an implication in sub-paragraph (10) on the sixth page of the amendments dated 25 April 1988 that an appeal might lie to the House of Lords from the High Court of Justiciary in extradition matters. I wonder if this is intentional, because there is, of course, no general appeal to the House of Lords in Scottish criminal cases.

CC:

Mr D Bentley Mr P Fifoot Mr C Hum

Mr P Monk

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Iain MacLeod Legal Advisers

Home Office Legal Advisers

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HKD

NTD