CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 481
OF 13113OZ FEBRUARY 89
CONFIDENTIAL
мко 384 13 38418
INFO ROUTINE PEKING, UKREP JLG HONG KONG
105241
MDLIAN 6494
TOP COPY
a CIST?
EXTRADITION: MY THIRD IPT: RETURN OF FUGITIVE OFFENDERS: ANNEX B
TO DRAFT PAPER
REQUESTS BY HONG KONG: OUTLINE PROCEDURES
THE PROSECUTING AUTHORITY IN HONG KONG SHALL BE FREE TO DECIDE WHETHER OR NOT A REQUEST FOR SURRENDER OF A FUGITIVE SHOULD BE MADE AND SHALL BE FREE AT ANY TIME TO DECIDE NOT TO PROCEED WITH CHARGES OR TO SUSPEND OR WITHDRAW ANY PROSECUTION.
2. ALL FORMAL REQUESTS FOR SURRENDER SHALL BE MADE BY THE CE DIRECTLY THROUGH THE DIPLOMATIC REPRESENTATIVE OF THE CPG IN THE FOREIGN STATE CONCERNED.
3
PROVISIONAL REQUESTS MAY BE MADE DIRECTLY FROM HONG KONG TO THE APPROPRIATE AUTHORITY IN THE FOREIGN JURISDICTION. THEY WOULD BE MADE THROUGH DIPLOMATIC CHANNELS IF THE BILATERAL AGREEMENT SO REQUIRES BUT IF A PROVISIONAL REQUEST IS MADE THROUGH DIPLOMATIC REPRESENTATIVE OF THE CPG. IT SHALL BE TRANSMITTED TO THE FOREIGN AUTHORITY IMMEDIATELY.
4.
THE CE SHALL NOTIFY THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS IN HONG KONG OF ALL PROVISIONAL REQUESTS THAT HAVE BEEN MADE, AND OF ALL FORMAL REQUESTS BEFORE OR AT THE TIME THEY ARE SENT TO A DIPLOMATIC REPRESENTATIVE. RELEVANT FACTS SHOULD ALSO BE
SUPPLIED.
5. WHERE THE CE HAS GROUNDS TO BELIEVE THAT THE MAKING OF A REQUEST COPEN SQUARE BRACKETS) OR THE PROCEEDINGS IN THE REQUESTED JURISDICTION (CLOSE SQUARE BRACKETS) MIGHT HAVE SIGNIFICANT RAMIFICATIONS FOR THE DEFENCE OR FOREIGN AFFAIRS OF THE CPG, THE CE SHALL REFER THE MATTER TO THE MINISTER OF FOREIGN AFFAIRS FOR A VIEW, AND SHALL ALSO DO SO IF THE MINISTER, WITHIN (OPEN SQUARE BRACKETS) SEVEN (CLOSE SQUARE BRACKETS) DAYS OF RECEIPT BY THE MFA IN HONG KONG OF NOTIFICATION OF THE CASE, HAS SUCH GROUNDS TO BELIEVE AND SEEKS REFERRAL.
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CONFIDENTIAL
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