TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 27

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033573 MDLOAN 7977

YOUR TELNO 2683 : EXTRADITION ACT 1989

THE EXTRADITION ACT RECEIVED THE ROYAL ASSENT ON 27 JULY, AND WILL ENTER INTO FORCE ON 27 SEPTEMBER.

1.

2. WE CAN CONFIRM YOUR UNDERSTANDING (PARA 2 OF TUR) THAT THE

ACT WILL NOT/NOT AFFECT YOUR EXISTING ARRANGEMENTS. THEY WILL CONTINUE TO OPERATE AS BEFORE BECAUSE CHANGES IN THE LAW EFFECTED

BY THE ACT WILL ONLY TAKE EFFECT IN A DEPENDENT TERRITORY IF EXTENDED TO THAT TERRITORY BY AN ORDER IN COUNCIL.

3. WE ARE STILL CONSIDERING THE QUESTION OF THE EUROPEAN CONVENTION. THE FOLLOWING THEREFORE REFLECTS NO MORE THAN CURRENT THINKING AT OFFICIAL LEVEL. GRATEFUL IF YOU WOULD BEAR

THIS IN MIND.

4.

AS YOU NOTE, THE UK INTENDS TO BECOME A PARTY TO THE EUROPEAN CONVENTION. IN ACCORDANCE WITH ARTICLE 27 OF THE CONVENTION, IT APPLIES TO THE METROPOLITAN TERRITORY OF THE CONTRACTING PARTIES. HOWEVER, PARAGRAPH 4 OF ARTICLE 27 MAKES PROVISION FOR THE CONVENTION TO BE EXTENDED TO ANY TERRITORY FOR WHOSE INTERNATIONAL RELATIONS A CONTRACTING PARTY IS RESPONSIBLE QUOTE BY DIRECT ARRANGEMENTS UNQUOTE BETWEEN THAT CONTRACTING PARTY AND THE OTHER CONTRACTING PARTIES. IT IS LIKELY THAT THE UK WILL RATIFY THE CONVENTION SOON IN RESPECT OF THE UK ITSELF, THE CHANNEL ISLANDS AND THE ISLE OF MAN. THEREAFTER THE DEPENDENT TERRITORIES WILL BE CONSULTED AND QUOTE ADDED IN UNQUOTE AS APPROPRIATE. IN ADDITION, IT IS INTENDED THAT THE UK SHOULD MAKE A RESERVATION UNDER ARTICLE 28 OF THE CONVENTION PROVIDING THAT OUR BILATERAL CONVENTIONS REMAIN IN PLACE IN SO FAR AS THEY RELATE TO EXTRADITION TO AND FROM THE DEPENDENT TERRITORIES. THIS SHOULD COVER THE CONCERNS IN PARA 4 OF TUR.

MAJOR

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