TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 33

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Background

3. The background to this proposal is set out in Hong Kong

telno 2462. Briefly, criminal gangs are importing illegal immigrants from China to commit armed robberies and other

crimes of violence and then returning them to China before they can be apprehended. The Chinese have been cooperative in trying to stop this, and other cross-border crime. They recently arrested two PRC citizens thought to be involved in one robbery. In this and in a number of other recent cases,

the Chinese authorities have sought Hong Kong's assistance

in providing information and evidence which would enable

them to bring the accused to trial. However persons

convicted of such crimes could be sentenced to death.

Hong Kong has asked for an assurance that the death penalty

would not be carried out if Hong Kong supplied the

information, the Chinese authorities have declined to give it, saying the courts would decide. Neither Hong Kong nor Peking see any prospect of the Chinese changing their

approach.

4.

When

Hong Kong have therefore concluded that they should

provide certain types of assistance in cases where PRC

citizens, who are not Hong Kong residents, have been

arrested in China on suspicion of having commited serious

offences in Hong Kong: murder, armed robbery,

drug-trafficking and illegal importation of firearms. The

types of assistance provided would include written

statements, interviews of consenting witnesses in Hong Kong

by Chinese officials, physical evidence and documentary

evidence. Hong Kong have also set out the procedures and

safeguards that they would deploy in considering each and

every case in paragraphs 9 to 12 of their telegram. After checking that the request falls within the guidelines and that the Hong Kong Government are able to meet it, the

Political Adviser and the Secretary for Security would both

ROFATC/2

CONFIDENTIAL