TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 23

CONFIDENTIAL

HKB 380/3

;

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3000

OF 250546Z SEPTEMBER 91

INFO PRIORITY PEKING, UKREP JLG HONG KONG

27

155143

MDHIAN 4411

TOP COPY Q DIST?

FOLLOWING FOR HKD FROM DEPUTY POLITICAL ADVISER.

YOUR TELNO 1717: CO-OPERATION WITH CHINA ON CRIMINAL MATTERS.

1. WE NATURALLY UNDERSTAND YOUR CONCERN NOT TO EXPOSE MINISTERS TO CRITICISM ARISING FROM ACTION TAKEN BY US IN SUCH CASES. HOWEVER I WAS UNDER THE IMPRESSION THAT WHAT WE PROPOSED WOULD NOT (NOT) RISK BREACHING HMG'S INTERNATIONAL OBLIGATIONS. ARE YOU NOW RECEIVING DIFFERENT ADVICE ON THIS POINT?

2. ASIDE FROM THAT, WE WOULD OF COURSE CONSULT YOU IF WE BELIEVED A PARTICULAR CASE WAS LIKELY TO CAUSE POLITICAL CONTROVERSY. BUT DOING SO AUTOMATICALLY AND IN EVERY CASE WOULD ADD ANOTHER LAYER TO THE PROCESS, MAKING IT PRETTY CUMBERSOME. IN OUR PROPOSED PROCEDURE, AFTER THE LEGAL ASPECTS OF ANY CASE HAVE BEEN FULLY CONSIDERED, EACH CASE WOULD HAVE TO PASS BEFORE THE POLITICAL ADVISER AND THE SECRETARY FOR SECURITY WHO WOULD AMONG OTHER THINGS VET IT FOR POLITICAL SENSITIVITY BOTH HERE AND OUTSIDE HONG KONG.

2. I AGREE THAT ASYLUM CASES AND FILM CENSORSHIP PROVIDE A GOOD PRECEDENT BUT I THINK ITS EFFECT IS DIFFERENT FROM WHAT YOU SUGGEST. WE DO INDEED TAKE CARE TO KEEP YOU INFORMED OF ANY POTENTIALLY SENSITIVE CASES. BUT THESE FORM ONLY A FRACTION OF THE TOTAL WE DEAL WITH. WE EXERCISE OUR DISCRETION IN INFORMING YOU: AND ANYWAY MUST MAKE THE FINAL DECISION OURSELVES, IN THE LIGHT OF HONG KONG LAW. WE SHOULD BE HAPPY WITH A SIMILAR SYSTEM FOR CO-OPERATION ON CRIMINAL MATTERS, I.E. IT BEING LEFT TO OUR JUDGEMENT WHETHER TO CONSULT YOU ON A PARTICULAR CASE.

3. I WAS ALSO UNDER THE IMPRESSION THAT YOU HAD DISCUSSED THE MATTER WITH THE HOME OFFICE ALREADY. CAN YOU GIVE US ANY FURTHER DETAILS OF THE CENTRAL UK AUTHORITY REFERRED TO IN TUR, AND HOW IT OPERATES? I AM SURE WE WOULD NOT RULE OUT MAKING SOME ADJUSTMENTS TO OUR PROPOSED PROCEDURE IN ORDER TO BRING IT CLOSER INTO LINE WITH UK PRACTICE, IF THAT WOULD BE HELPFUL.

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