CONFIDENTIAL
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
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.
Ga
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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
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 that we would be
unlikely to do the same ourselves.
ROFATC/1
JRB
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CONFIDENTIAL
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