TNAG-1994-FCO40-2841-Hong-Kong-extradition-laws-1989 — Page 48

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HKD 384/3

Reference..............

нко MICO 384/3

44

Note for File

EXTRADITON

Mr Stock (Solicitor-General, Hong Kong) and Mr Little (from the office of the Law Officer (International Law), Hong Kong) called on Mr Edwards and myself on 22 June to discuss a number of issues.

1.

On extradition, they reported that the paper discussed between us was now ready to be passed to the Chinese side once JLG business was resumed.

2.

3.

Mr Stock was concerned about the need to have a "resurrender" clause in the draft model agreement (ie to have conditions relating to onward transfer to the PRC). Mr Edwards recalled that Mr Newall in Hong Kong had produced a form of words in March 1988. We had invited further thoughts from Hong Kong in my letter of 10 February 1989 to Mr Bradley (Deputy Political Adviser ). Mr Stock undertook to pursue this on his return to Hong Kong.

Mr Stock raised the question of rendition between Hong Kong and China. We agreed that, although events in China had made this issue even more sensitive, it was more necessary than ever to reach an agreement providing suitable safeguards. Messrs Stock and Little agreed to set work in hand on a paper.

4.

5. Mr Stock reported that developments at the Commonwealth Conference he was attending were unwelcome to Hong Kong. Canada and Australia were seeking to water down the prima facie requirement in extradition treaties. Hong Kong strongly wished to retain it. This might pose problems when the time came to negotiate individual treaties.

CODE 18-77

28 June 1989

C

الله

CT Wood

Hong Kong Department WH 304

270 2655

: Mr Edwards, Legal Advisers

Mr Stock, Solicitor-General, Hong Kong

Mr Little, LO(IL), Government Secretariat, Hong Kong

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