TNAG-1993-FCO40-2840-Prisoners-in-Hong-Kong-1989 — Page 35

Written Answers

CC Mr Fitout

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30 OCTOBER 1989

RM/5MPK

Written Answers

14+ Secular Education HD 38ormat with the provisions of the joint declaration

Mr. Maude: Persons imprisoned in Hong Kong will in

Mr. Graham Allen: To ask the Secretary of State for Northern Ireland what progress has been made since July on the development of secular education in Northern Ireland.

Mr. Needham: None. The law requires that religious instruction is given in all grant-aided schools other than nursery schools.

Education

Mr. Harry Greenway: To ask the Secretary of State for Northern Ireland what is the current pupil to teacher ratio in Northern Ireland; what it was five, 10 and 15 years ago; and if he will make a statement.

Mr. Needham: The 1988 pupil-teacher ratio is 18·4:1 which is the lowest on record. The comparable figures for five, 10 and 15 years ago are 18-7, 19.5 and 22.4 respectively.

Correspondence

Mr. Pawsey: To ask the Secretary of State for Northern Ireland what percentage of letters from hon. Members to his Department received a reply (a) in under four weeks, (b) within four to six weeks, (c) within six to eight weeks and (d) over eight weeks, in each of the last three years.

Mr. Cope: The information requested is not held in this form and could be obtained only at disproportionate cost. However, every effort is made to reply to letters from hon. Members as soon as possible.

FOREIGN AND COMMONWEALTH AFFAIRS

HKD

Mr. Lorrain Osman

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if he has received any representations from the Government of Malaysia since May concerning the case of Mr. Lorrain Osman; and if he will make a statement;

(2) what communications he has had with bodies and individuals in Hong Kong in relation to the case of Lorrain Osman, in the past 12 months; what was the substance of those communications; and if he will make a statement;

(3) what communications he has received from the Governor of Hong Kong in relation to representations on behalf of the Malaysian Government concerning the case of Lorrain Osman; and if he will make a statement;

(4) what communications his Department has had with the Government of Malaysia concerning Mr. Lorrain Osman, a remand prisoner in Pentonville prison; and if he will make a statement.

Mr. Maude: Since this matter is currently sub judice, it would not be appropriate for us to comment.

HKD

Death Sentence (Hong Kong)

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs if he will ensure that prisoners in Hong Kong gaols in 1997 will not be made subject to the death sentence for offences committed before the transfer; and if he will make a statement.

Zaxcordance

relating to the continuity of laws, remain subject to Hong Kong law. The joint declaration also provides that the International Covenant on Civil and Political Rights as applied to Hong Kong shall remain in force after 1997. In this connection it is noteworthy that article 15 of the covenant prohibits the imposition of a heavier penalty than that applicable when the offence was committed.

HKDS

Hong Kong

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs what arrangements he now proposes to enter into with the People's Republic of China in relation to his legal and treaty obligations to prisoners extradited to Hong Kong and in prison there in June 1997; and if he will make a statement.

Mr. Maude: The joint declaration makes provision for us and the Government of the People's Republic of China to ensure the continued application of international rights and obligations affecting Hong Kong. The Chinese authorities have agreed that before 1997 we should authorise Hong Kong to conclude its own extradition agreements, designed to continue in force after 30 June 1997. These agreements will contain traditional safeguards for fugitive criminals. In addition, Hong Kong's domestic law will continue to provide traditional safeguards for fugitive criminals.

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs what specific arrangements and safeguards have been agreed with the Peole's Republic of China in relation to prisoners in Hong Kong gaols at the time of the transfer of sovereignty in 1997; and if he will make a statement.

Mr. Maude: Persons in prisons will be the responsibility of the Hong Kong authorities then as they are now. The prisoners will continue to be treated in accordance with Hong Kong's own criminal laws and legal system. No specific arrangements have been agreed.

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs whether, in the light of the provision in the law of the People's Republic of China that allows any person to call for the retrial of convicted persons, he has taken or proposes to take steps to protect prisoners in Hong Kong in 1997 from the use of this law against them; and if he will make a statement.

Mr. Maude: Under the provisions of the joint declaration and the draft Basic Law, Hong Kong will retain its own separate criminal laws and legal system after 1997. Annex III of the Basic Law specifies six Chinese national laws which wiii uc extended to Hong Kong after 1997. The law mentioned in the question is not one of them.

HKD

Hong Kong (Extraditions)

Mr. Chris Smith: To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he has taken to ensure that prisoners extradited from the United Kingdom to Hong Kong and in gaol at the time of the transfer to sovereignty, will be able to leave the colony at the end of their sentence; and if he will make a statement.

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