CONFIDENTIAL
C
Background and Argument
3. We put to the Hong Kong Government the suggestion that they might refer all cases to us before taking action.
They said that they would be happy to consult us on
particular cases which could cause political controversy but believed that doing so automatically in all cases would simply add another layer to the process, making it slow and cumbersome. They suggested that we could follow a similar procedure to that adopted for asylum and film Sensorship cases, where they consult us on particularly sensitive cases. In this way, the Secretary for Security or the Political Adviser could decide whether any particular cases
should be submitted to HMG.
4. The current system that has evolved for dealing with asylum cases and film censorship cases works well. Hong Kong deals with many of these on a routine basis but refers the most sensitive ones to us, to give us the opportunity to comment on or to disagree with their recommendation. I think this is a workable approach, which provides an opportunity for Ministers to review potentially tricky
cases. I recommend that we adopt it in cases of co-operation with China on criminal matters.
5.
In parallel, we asked the Home Office whether they would be prepared to become involved in overseeing Hong Kong cases of this nature. They have replied that, after careful consideration, they see no reason why the Home Office should be involved in such cases. They point out that there would
be no action to be taken in the name of Home Office
Ministers and thus no basis on which they could find
themselves exposed to criticism.
6.
We cannot of course rule out that, at some time in the
TICABS/2
CONFIDENTIAL
No comments yet.
Private notes are available after approval.