TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 174

CONFIDENTIAL

105212

MDLIAN 6484

ГОР OP

HKD 384 OR COPY

нко

DIST ?

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 479

OF 131115Z FEBRUARY 89

INFO ROUTINE PEKING, UKREP JLG HONG KONG

EXTRADITION

1

MIPT: RETURN OF FUGITIVE OFFENDERS:

DRAFT PAPER FOR CHINESE:

PRACTICAL ARRANGEMENTS TO IMPLEMENT THE AGREEMENT

INTRODUCTION

AT JLGX THE BRITISH AND CHINESE SIDES REACHED A COMMON VIEW ON FOUR POINTS CONCERNING THE HANDLING OF REQUESTS FOR THE RETURN OF FUGITIVE OFFENDERS. THE TWO SIDES ALSO REACHED AGREEMENT ON MATTERS SUCH AS ENTRUSTMENT AND THE TITLE AND PREAMBLE OF AGREEMENTS.

2. IT HAS ALSO BEEN AGREED THAT THE CHINESE SIDE WILL BE CONSULTED

ON THE LISTS OF ANY NEGOTIATING PARTNERS. THE CHINESE SIDE WILL ALSO

BE CONSULTED ON ANY DRAFT INITIALLED AGREEMENTS BEFORE EACH IS CONCLUDED. THIS AGREEMENT HAS SUBSEQUENTLY BEEN CONFIRMED BY THE TWO GOVERNMENTS.

3. THE INITIAL THOUGHTS OF THE BRITISH SIDE ON THE PRACTICAL

ARRANGEMENTS FOR HANDLING CASES OF FUGITIVE OFFENDERS AFTER 1997 WERE CONTINED IN A PAPER HANDED TO THE CHINESE SIDE ON 1 JUNE 1988. SUBSEQUENTLY, AT EXPERT TALKS IN AUGUST 1988, THE BRITISH SIDE SUGGESTED THAT A CONSULTATION PROCEDURE BE INCORPORATED INTO SUCH PRACTICAL ARRANGEMENTS.

4. AT JLGX THE BRITISH SIDE SAID THAT BOTH SIDES WOULD HAVE TO EXAMINE CAREFULLY ALL THE LEGAL AND PRACTICAL CONSEQUENCES WHICH WOULD FLOW FROM A RIGHT TO ISSUE INSTRUCTIONS TO THE CE AND THE MECHANISM TO GIVE EFFECT TO THAT RIGHT. THOUGHT IS BEING GIVEN TO WHAT SHOULD BE DEALT WITH BY WAY OF LOCAL LEGISLATION AND WHAT BY

ADMINISTRATIVE PROCEDURES, AND IN PARTICULAR TO THE PRACTICAL ARRANGEMENTS TO BE FOLLOWED BY THE CPG AND THE CE IN CASES OF SURRENDER OF FUGITIVE OFFENDERS.

5 m

EXPERIENCE HAS SHOWN THAT THE PROCESS OF NEGOTIATING AGREEMENTS

WITH FOREIGN JURISDICTIONS AND ALSO THE DRAFTING OF LEGISLATION

1

PAGE

CONFIDENTIAL