TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 171

3)

105164

MDLIAN 6481

CONFIDENTIAL

HKD 38

Q DIST?

QP COPY

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 480

OF 13113OZ FEBRUARY 89

INFO ROUTINE PEKING, UKREP JLG HONG KONG

EXTRADITION: MY SECOND IPT: RETURN OF FUGITIVE OFFENDERS: ANNEX A

TO DRAFT PAPER

REQUESTS TO HONG KONG: OUTLINE PROCEDURES.

NOTIFICATION

AS SOON AS A MAGISTRATE HAS ORDERED COMMITTAL OF A FUGITIVE

OFFENDER PENDING A DECISION TO SURRENDER HIM TO A FOREIGN STATE, THE CE SHALL NOTIFY THE OFFICE OF THE MINISTRY OF FOREIGN AFFAIRS IN HONG KONG OF THE REQUEST FOR SURRENDER AND OF THE MATERIAL FACTS

RELATING TO THE CASE.

REFERRAL

2.

WHERE THE CE CONSIDERS THAT SURRENDER OR NON-SURRENDER OF A

FUGITIVE MAY HAVE SIGNIFICANTLY AFFECT FOR THE DEFENCE OF FOREIGN

AFFAIRS OF THE CPG THEN AFTER COMMITTAL OR AS SOON THEREAFTER AS HE FORMS THAT VIEW, HE SHALL REFER THE CASE TO THE MINISTER OF FOREIGN AFFAIRS FOR HIS VIEW ON WHETHER OR NOT THE FUGITIVE SHOULD

BE RETURNED.

3.

WHERE, AFTER NOTIFICATION, THE MINISTER HAS GROUNDS TO BELIEVE THAT THE SURRENDER OR NON-SURRENDER OF A FUGITIVE MAY HAVE REAL RAMIFICATIONS FOR DEFENCE OR FOREIGN AFFAIRS, HE MAY REQUEST THE CE TO REFER THE CASE AND THE CE SHALL THEN DO SO.

4. WHEN REFERRING A CASE TO THE MINISTER THE CE SHALL PROVIDE RELEVANT INFORMATION AND VIEWS AND THEREAFTER SUCH NEW EVIDENCE FOR INFORMATION AS COMES TO LIGHT. THESE PROCEDURES FOR REFERRAL OF A CASE ENVISAGE FULL AND OPEN CONSULTATION BETWEEN THE CE AND THE MINISTER, SO THAT BOTH ARE IN A POSITION TO MAKE A PROPER ASSESSMENT.

5. IF THE MINISTER IS CONTENT THAT, AFTER ALL, A CASE HAS NO SIGNIFICANT RAMIFICATIONS FOR THE DEFENCE OR FOREIGN AFFAIRS OF THE CPG, OR THAT HE IS ANY EVENT CONTENT FOR CE TO DECIDE ON HIS

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CONFIDENTIAL