CONFIDENTIAL
A
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, amongst other crossborder crime, and
have so far arrested two PRC citizens thought to be involved
in one robbery. In this case, 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.
problem is that for these types of offences the death
penalty could result. When 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.
The
4. Hong Kong have 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 robberty, drug-trafficking and illegal
importation of firearms. The types of assistance provided would include written statements, interviews of consenting
witnesses in Hong Kong, physical evidence and documentary
evidence. Hong Kong have also set out the procedures and
safeguards that they will deploy in considering each and
every case in paragraphs 9 to 12 of their telegram. After checking the veracity of the request and HKG's capability in
entertaining it, the Political Adviser and the Secretary for
Security will both personally consider whether they see any political or security objection to the giving of assistance.
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