TNAG-1825-FCO40-2592-Hong-Kong-and-the-UK-Criminal-Justice-Bill-Administration-of-1988 — Page 168

Office of the Parliamentary Counsel 36 Whitehall London SW1A 2AY

Telephone Direct line of 2106639

Legal Adviser's Branch

Mrs J Jones

Home Office

50 Queen Anne's Gate

LONDON SW1H

9AT

Switchboard of 210 3000

HULD 370/2

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23

13 April 1988

CRIMINAL JUSTICE BILL REPATRIATION CASES

EXTRADITION

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EXTRADITION PROCEDURES

I am writing to you since David Bentley is away on leave this

week. I enclose a few amendments that we believe are required.

I am sending copies of them and of this letter to Kowalski,

Erskine and MacLeod.

The difficulty starts in Clause 18.

Extradition is not available

as between the United Kingdom and every country in the world.

For commonwealth countries it is available only when they are

designated.

For United Kingdom dependencies it is always

available. Clause 18 (1) (a) (ii) spells these two cases out. But

nothing parallel is said about countries outside the

commonwealth. This was due to misguided reliance on subsection

(4) (a) and (c). If you read these two paragraphs together, they

cover the whole world except the commonwealth. Paragraph (a) is

not so bad. It does at least refer expressly to foreign states

in the case of which the 1870 Act applies. But paragraph (c)

does not refer to Part I of the Bill. It is simply far too wide.