TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 25

Nationality and Treaty Department

Foreign and Commonwealth Office

Clive House Petty France London SW1H 9HD

HICD 38413.

48

Telephone 01-270

260 4090

See (47)

Circular Letter to

Attorneys-General of the

Dependent Territories

(see distribution below)

Your reference

Our reference

Date

GNX384/1/1

11 September 1989

·Rn 20/9

Miss Masson

33

วว

Miss Mejor

ва

влажна.

√207

Dear Attorney-General

EXTRADITION

1.

88 нив 370/2

35

In my circular letters of 7 June and 8 October 1988 I advised /4 you of the passage of the Criminal Justice Bill 1988 and of the major developments in our extradition practice that this contained.

2.

In the event, it was decided not to bring Part I of the 1988 Act into force but to take the opportunity to consolidate all our extradition laws into one Act. The relatively short delay that this would cause would be compensated by the fact that those dealing with the matter in future would be able to follow the law the more simply. The 1870 Act (and amendments to it), the 1967 Act and Part I of the 1988 Act, were accordingly consolidated in the Extradition Act 1989. This received Royal Assent on 27 July 1989 and comes into force on 27 September 1989. Fenclose à

copy will follow

3.

ks

500

as

possible

In future, extradition between the UK, Commonwealth countries and colonies will be governed by the provisions of Parts I to VI of 1989 Act which consolidate the provisions of the Fugitive Offenders Act. In relation to foreign States, the current extradition arrangement will remain in place until the old treaties are revised. Cases under these treaties will, in the UK, be dealt with under the procedural provisions of the 1870 Act, which are retained by Schedule 1 to the 1989 Act. Any new treaties with foreign States will be implemented by Orders in Council under section 4 of the 1989 Act, with extension to Colonies under section 30. It is hoped that the Sechedule will eventually become obsolete, as the older treaties are revised and replaced by modern ones.

4. As foreseen in my letter of 7 June the new Act allows for 'special extradition arrangements' with countries with which we have no general extradition arrangements and section 31 allows for the extension of these arrangements to Dependent Territories.