TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 57

29 August 1991

Ms B Nicholson,

C7 Division Home Office

7418

Lunar House

Dear Ms Nicholson,

CIEU

ON-ONGIT

15

нив

Foreign & Commonwealth

Office

HKB 380/3. London SW1A 2AH

Telephone: 071-

HONG KONG: COOPERATION WITH CHINA ON CRIMINAL MATTERS

1.

I regret that paragraph 7 of the draft submission circulated under cover of my minute of 28 August, is a rather garbled version of what I now understand to be the picture. With the agreement of your Extradition Section, I should like to replace it with the following:

"This said however, the UK itself would be unlikely to provide the information if a similar situation arose

involving China or other jurisdictions in which we did not

have full faith. If such a prosecution were to take place in, say, the US however, our attitude would probably be different.

These types of cases are rare but there is one currently in play where similar considerations apply. A Moroccan national, wanted for murder in this country has been arrested in Morocco. We initially asked for him to be extradited to the UK but the Moroccan authorities refused, claiming extraterritorial jurisdiction over their own nationals. death penalty is in force in Morocco but has apparently not been carried out for a decade. The Home Office are currently considering whether we should supply evidence to facilitate prosecution in Morocco."

You wincerely, Mill kee

M V Stone

Hong Kong Department

CC: Ms Barrett, Legal Advisers

Mr Soper, ERD

Mr Broom, UND

The

LEGAGK

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