TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 133

HOME OFFICE

QUEEN ANNE'S GATE

LONDON SWIH 9AT

Tel: 273 2527

Iain MacLeod Esq Legal Adviser

Foreign & Commonwealth office Downing Street

SW1A 2AL

19 April, 1988

Dear Pain

CRIMINAL JUSTICE BILL

-

EXTRADITION

A couple of points occur to me on the version of the Application

to Colonies clause of 15 April.

(1).

They both arise from subsection

If clause 1(8) of the Bill is not applied, will not the colony be

in difficulties over the glosses, provided there? (Except for

that relating to the law of the United Kingdom, which is picked

up by new clause 1(2)). Of course Counsel may prefer to achieve

the same effect as clause 1(8) of the Bill in some

in some other way,

rather than applying it directly, because of this overlap.

The application by subsection (1) of the new clause of clauses 2

to 18 unnecessarily includes clause 11 (special arrangements).

We are concerned only with cases where a general arrangement

already exists so that a clause 2 Order can be made. But does

FCO want the colonies to be able to go in for ad hoc extradition?