TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 40

CONFIDENTIAL

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130163

MDHIAN 1107

CONFIDENTIAL

FM HONG KONG

KECEIVED INS

TO DESKBY 26110OZ FCO

2.7 NOV 1990

TELNO 3497

OF 260953Z NOVEMBER 90

MP'S QUESTIONS

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1. OUR COMMENTS ON THE SUPPLEMENTARY QUESTIONS AND ANSWERS ARE AS FOLLOWS:

WE HAVE NO COMMENTS ON QUESTIONS 1 TO 4

QUESTION 5

WE PROPOSE THE FOLLOWING ANSWER TO QUESTION 5.

QUOTE PEOPLE WHO COMMIT CAPITAL OFFENCES ABROAD AND FLEE TO HONG KONG MAY BE DEALT WITH ACCORDING TO EXISTING AGREEMENTS WHICH EXTEND TO HONG KONG, AND UNDER EXISTING LEGISLATION. IN GENERAL THESE AGREEMENTS GRANT DISCRETION TO REFUSE SURRENDER SAVE ON RECEIPT OF SATISFACTORY ASSURANCES, IN RESPECT OF OFFENCES NOT CARRYING THE DEATH PENALTY IN HONG KONG.

AGREEMENT HAS BEEN REACHED WITH THE CHINESE AUTHORITIES THAT HONG KONG SHOULD, UNDER SUITABLE AUTHORITY, CONCLUDE ITS OWN EXTRADITION ARRANGEMENTS TO LAST BEYOND 1997. THE HONG KONG GOVERNMENT HOPES TO INCLUDE IN SUCH ARRANGEMENTS AN ARTICLE RESERVING THE RIGHT TO REFUSE SURRENDER IN RESPECT OF AN OFFENCE CARRYING THE DEATH PENALTY. (NEXT TWO WORDS UNDERLINED) (IF PRESSED AS TO THE SPECIFIC CIRCUMSTANCES: WHERE THE DEATH PENALTY IS NOT PROVIDED FOR BY THE LAW OF THE REQUESTED PARTY OR IS NOT NORMALLY THERE CARRIED OUT, SURRENDER MAY BE REFUSED IN THE ABSENCE OF A SUFFICIENT ASSURANCE THAT IT WILL NOT BE IMPOSED OR

CARRIED OUT.) UNQUOTE

QUESTION 6

WE PROPOSE THE FOLLOWING ANSWER.

QUOTE. NO EXTRADITION TAKES PLACE BETWEEN HONG KONG AND THE PRC (NEXT TWO WORDS UNDERLINED) (IF PRESSED AS TO WHY NOT: NO ARRANGEMENT EXISTS WHICH IS MUTUALLY RECOGNISED FOR THIS PURPOSE). (NEXT TWO WORDS UNDERLINED) (IF PRESSED AS TO FUTURE INTENTIONS: THE HONG KONG GOVERNMENT INTENDS TO EXAMINE MEASURES

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CONFIDENTIAL