TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 35

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be different. These types of cases are rare but there is

one currently where similar considerations apply. A

Moroccan national, wanted for murder in this country has

been arrested in Morocco. The Home Office initally asked

for him to be extradited to the UK but the Moroccan

authorities instead indicated they were prepared to prosecute the case, claiming jurisdiction over their own

nationals. The death penalty is in force in Morocco but has

apparently not been carried out for a decade. The Home Office is currently considering the policy on this type of

presecution: at official level they would like to go ahead

but are concerned about the death penalty, amongst other

matters.

Implications for Hong Kong's Policy on Mutual Legal

Assistance (MLA) Agreements

8. Hong Kong plans to negotiate a series of bilateral MLA Agreements, with foreign countries, which will operate under

new local legislation and then to use these as a model for

negotiating similar arrangements with China in due course.

They hope to ensure that Hong Kong can have an MLA with China which contains appropriate safeguards, including a guarantee that the death penalty will not be carried out,

and which establishes that certain types of assistance can

be provided only if permitted by statutory powers.

9.

Entering into an administrative arrangement now with the

Chinese could undermine the carefully constructed MLA

approach. It may be difficult to persuade the Chinese that

such a legal framework is needed when Hong Kong already cooperates with China in certain criminal matters on an

administrative basis. Furthermore, if the administrative

arrangements operate without the benefit of a death penalty

ROFATC/4

CONFIDENTIAL