TNAG-2155-FCO40-3075-United-Nations-convention-against-Torture-and-Other-Cruel--I-1990 — Page 24

HKC

031/8 1989

41

LE4AAU

CODE 18-77

Mr Broom

UND

2484

Reference

RaR

fm2415.

UN CONVENTION ON TORTURE: HONG KONG

1. I refer to Hong Kong's telno 1355 concerning the above matter, informing us that the draft bill to give effect to the UN Convention on Torture is now almost complete, and our telno 202 noting our understanding that the torture bill will be introduced in Legco in late June.

2. In our conversation last week you asked if this would mean our ratification of the Convention should be extended to Hong Kong in June. My understanding, noted in my minute of 2 October 1989 to Mr Haswell, is that extension of our ratification to Hong Kong would only be appropriate once local legislation is enacted and in force which will allow Hong Kong to comply with the terms of the Convention. Hopefully this extension can also include Bermuda, the Isle of Man, Jersey and, if they are ready, Guernsey. At our end, Orders in Council concerning extradition will have to be made.

At this stage I think it would be useful to seek to determine when Hong Kong envisage their legislation would be enacted and come into force. It might be useful to remind Hong Kong that extension to other territories is being held up for them. Has the extension of the Convention to Hong Kong been agreed with the Chinese? We can then inform the Home Office of the likely date of our seeking to extend ratification and see if Guernsey) can pass the necessary domestic law in the time available. In the interim you may wish to inform Mr Wake that your understanding of extension of our ratification in June appears to have been misplaced.

John of Barber

HKC 241/3

CEW

CISTRY

28 MAY 1990

1990

24 May 1990

CC

вится 3017

: Mr Stone, HKD

Ms Major, HKD

GISTRY on Taken

J Rankin

Asst Legal Adviser K174

270 3055

Mr Fifoot, Legal Advisers Ms Barrett, Legal Advisers

Teld minute.

ре

4