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FM HONG KONG
TO DESKBY 131200Z FCO
TELNO 1939
OF 13103OZ JUNE 89
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INFO ROUTINE UKREP JLG HONG KONG
INFO SAVING PEKING
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YOUR TELNO. 1250: PQ: EXTRADITION.
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005217
MDHIAN 8969
WE FEEL THAT THE DRAFT REPLY YOU PROPOSE MAY LEAVE THE IMPRESSION
THAT THERE IS A REAL RISK THAT EXTRADITED PERSONS MIGHT BE
HANDED OVER THE PRC AFTER 1 JULY 1997. WE SUGGEST THE FOLLOWING
ALTERNATIVE:
BEGINS: THERE IS NO INTENTION TO SUSPEND THE RETURN OF FUGITIVES TO HONG KONG. MY RT. HON. FRIEND, THE HOME SECRETARY, CAN ONLY ORDER THE RETURN OF A FUGITIVE WHEN ALL COURT PROCEEDINGS IN THE UK HAVE BEEN CONCLUDED. A FUGITIVE OFFENDER MAY BE RETURNED TO HONG KONG UNDER THE FUGITIVE OFFENDERS ACT ONLY IN RESPECT OF AN OFFENCE AGAINST THE LAWS OF HONG KONG. AFTER 1997, THE JOINT DECLARATION PROVIDES THAT THE JUDICIAL AND LEGAL SYSTEM IN HONG KONG WILL REMAIN SEPARATE FROM THAT OF THE PRC. PURSUANT TO NEGOTIATIONS WITH THE CHINESE, THE HONG KONG GOVERNMENT HAS REVIEWED ALL EXISTING EXTRADION ARRANGEMENTS
INCLUDING THE SAFEGUARDS RELATING TO THE TRANSFER OR RESURRENDER OF FUGITIVES RETURNED TO HONG KONG. IT IS INTENDED THAT UNDER AUTHORISATION HONG KONG WILL ESTABLISH ITS OWN EXTRADITION ARRANGEMENTS WITH OTHER JURISDICTIONS. THESE ARRANGEMENTS WILL INCORPORATE ALL SAFEGUARDS THAT FEATURE IN COMPARABLE INTERNATIONAL
TREATIES.
FORD
YYYY
ΜΑΙΝ
49
.HONG KONG AGREEMENT
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DISTRIBUTION
52
PUSD
PS/LORD GLENARTHUR
PS/MR EGGAR
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