TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 53

CONFIDENTIAL

Draft

N J

FROM: Mr Cox

Hong Kong Department

DATE: 27 August 1991

ps / Lord Caithness

cc: Mr Burns

Mr Bone ERD

Mr Davis FED

Mr Sullivan NTCD

Mr David NCAD

Miss Barrett

Legal Advisers

HONG KONG: COOPERATION WITH CHINA ON CRIMINAL MATTERS

Problem

1. In order not to allow China to become a safe haven for

Chinese criminals who commit crimes in Hong Kong, the Hong

Kong Government (HKG) have concluded that they should provide the Chinese with evidence to enable them to pursue

suspects. Since it is unlikely that the Chinese will agree

not to seek the death penalty in force for the types of

crimes to be covered this move could be criticised here.

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Recommendation

2. I recommend that Ministers agree the new Hong Kong

policy, with the safeguards set out in paragraph 4 below.

[The Home Office, Legal Advisers, ERD and NCAD are content.

The situation Hong Kong finds itself in makes cooperation in

this area both very desirable and would have full public

there support.

HMG's policy in such matters would not put an automatic bar on the provision of evidence each case being

looked at on its merits by Ministers but we would be

unlikely to do the same ourselves.

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ROFATC/1

JRB

CONFIDENTIAL