TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 106

32

CONFIDENTIAL

152762

MDLIAN 3038

SOMETHING WIDER, WE WILL RESIST, AND WOULD ONLY APPROACH THE CHINESE IF FORCED TO CHANGE OUR APPROACH.

(D) RESURRENDER:· AS A MATTER OF POLICY WE THINK IT DESIRABLE THAT THERE SHOULD BE PROTECTION FOR THOSE EXTRADITED FROM HONG KONG

SO AS TO PRECLUDE RESURRENDER WITHOUT CONSENT. BUT WE FEAR THAT IF THE POINT WERE RAISED WITH THE CHINESE NOW, THEY WOULD SUSPECT THAT WE WERE DOING SO WITH RENDITION IN MIND. THE TALKS MIGHT THEN MOVE ON TO DIFFICULT GROUND, DELAYING NEGOTIATIONS AND POSSIBLY LEADING THE CHINESE TO AN ENTRENCHED POSITION. WE WOULD ON BALANCE PREFER TO RAISE THE MATTER IN CONSEQUENCE OF NEGOTIATIONS WITH BILATERAL PARTNERS SINCE THIS WILL GIVE US BETTER REASON FOR PROPOSING AN ADDITION TO THE AGREEMENT TO COVER THIS POINT AND A STRONG DEFENSIVE

LINE SHOULD THE CHINESE HAVE OBJECTIONS TO ANY SUCH PROVISION. WE ARE CONFIDENT THAT THE POINT WILL BE RAISED BY THE AUSTRALIANS AND PROBABLY BY THE AMERICANS AS WELL

5. PARAGRAPH 3(C). ANNEX A AND THE LIMITED SCOPE OF INSTRUCTIONS: WE AGREE THAT THE LATTER HALF OF PARA 8 OF ANNEX A REPEATS ONE OF THE 4 PRINCIPLES AGREED WITH THE CHINESE. HOWEVER WE SEE NO HARM IN THIS, AS THE OUTLINE PROCEDURES ARE INTENDED TO REFLECT THE TWO SIDES'

· AGREEMENT AND TO TRANSLATE IT INTO A PRACTICAL SCHEME. FURTHERMORE, THE FIRST PRINCIPLE LAID DOWN BY PARA 8 OF ANNEX A HAS NOT BEEN SPELT OUT IN TERMS BY BOTH SIDES AND WE THINK IT SHOULD BE. WE WOULD THEREFORE PREFER TO KEEP THE PARAGRAPH AS IT IS.

6. PARAGRAPH 3(D). THE APPROPRIATE LEVEL FOR INSTRUCTIONS.

JUDGING FROM THIS WE THINK IT UNLIKELY THAT THEY WILL BE AFFRONTED BY OUR PROPOSAL. AS FOR YOUR REFERENCE TO THE MANY MATTERS NOT DEALT WITH BY THE SECRETARY OF STATE PERSONALLY, WE BELIEVE THAT THE TOTAL LACK OF PRC EXPERIENCE IN EXTRADITION AND THE ACUTE LOCAL SENSITIVITY WHICH WOULD FLOW FROM AN INSTRUCTION IN A MATTER ALLIED TO HONG KONG'S CRIMINAL JUSTICE SYSTEM WARRANTS SPECIAL TREATMENT. WE THINK WE SHOULD PUT OUR PROPOSALS AND SEE HOW

THE CHINESE RESPOND.