CONFIDENTIAL
CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 883
OF 21163OZ APRIL 89
нко 384/3
INFO PRIORITY UKREP JLG HONG KONG, PEKING
Nc 26/4
31
000111
MDLOAN 6854
TOP Q DIS
TO
YOUR TELNO 1188: EXTRADITION
1
IT HAS PROVED DIFFICULT TO REVIEW THIS SUBJECT IN THE TIME AVAILABLE FOR US TO COMMENT. OUR KEY CONCERN, AS YOU KNOW IS TO MAKE RAPID PROGRESS, BUILDING ON THE AGREEMENT IN PRINCIPLE WHICH WE HAVE ALREADY ACHIEVED, AND TO MOVE ON QUICKLY TO SPECIFIC EXTRADITION AGREEMENTS. IT IS IMPORTANT THAT WE SHOULD NOT PRESS THE CHINESE TO ACCEPT SPECIFIC PROPOSALS FROM US TO THE POINT OF MAKING THEM RECONSIDER THEIR POSITION. WITH THIS CONSIDERATION PRIMARILY IN MIND, WE OFFER THE FOLLOWING COMMENTS:
2. PARA 3 OF TUR: YOUR LEGISLATION WILL OF COURSE HAVE TO REFLECT THE AGREEMENT WE HAVE WITH THE CHINESE. THE DRAFT PROVISIONS SET OUT IN YOUR TELNO 1189 WILL BE SATISFACTORY IF THE CHINESE ARE PREPARED TO GO ALONG WITH THE PROPOSAL CONTAINED IN PARA 8 OF YOUR REVISED PAPER FOR THE CHINESE SIDE, FAXED TO WOOD ON 14 APRIL. WHILE WE HAVE DOUBTS AS TO WHETHER THE CHINESE WILL ACCEPT THE PROPOSAL CONTAINED IN THAT PAPER, WE DO NOT OBJECT TO YOUR PUTTING IT FORWARD AT THIS STAGE. AS FOR THE DRAFT LEGISLATION ITSELF, WE WILL NEED TO TAKE ANOTHER LOOK IN THE LIGHT OF CHINESE REACTIONS.
3. PARA 4(A) (I) OF TUR: WE STILL HAVE SERIOUS RESERVATIONS ABOUT YOUR PROPOSAL THAT LEGISLATION SHOULD RECOGNISE EXPRESSLY THE RIGHT TO JUDICIAL REVIEW, PARTICULARLY IF IT IS DRAWN IN TERMS AS WIDE AS THOSE CONTAINED IN SECTION 9(7) OF THE CRIMINAL JUSTICE ACT 1988. IT MAY BE, AT THE END OF THE DAY THAT IT WILL BE POSSIBLE TO GO FOR A MORE LIMITED JUDICIAL REVIEW (SEE PARA 6 OF OUR TELNO 484) BUT WE SHALL SIMPLY HAVE TO WAIT AND SEE. IN THE MEANTIME, WE ARE PREPARED TO ACCEPT YOUR SUGGESTION THAT THIS PARTICULAR LEGISLATIVE PROPOSAL SHOULD NOT BE PUT TO THE CHINESE AT THIS STAGE, BUT WE SHALL CLEARLY HAVE TO KEEP THIS UNDER REVIEW.
PARA 5 OF TUR: OUR VIEW AS SET OUT IN PARA 3(C) OF OUR TELNO 711 REMAINS. WE CONTINUE TO BELIEVE THAT PARA 8 OF APPENDIX A TO THE PAPER FOR THE CHINESE SIDE SHOULD BEGIN AFTER THE WORD QUOTE AND UNQUOTE IN THE SECOND LINE (SEE PARA 16(III) OF OUR TELNO
484).
1
PAGE CONFIDENTIAL
No comments yet.
Private notes are available after approval.