TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 61

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HMG's International Obligations and position in similar

circumstances

B

5. Our legal advisers had considered ether, if we were to

allow Hong Kong to provide this information, whether we

would be in breach of any international legal obligations. Their conclusion is that if the assistance provided is

strictly limited in the way described by Hong Kong, it is

unlikely to result in breaches of international legal

obligations by the UK. It should be noted that there is an important difference between the handing over of evidence

and the extradition of a suspect to a country. In the latter case the person is, obviously, within our

jurisdiction and protected by our laws and whatever

conventions we have entered into.

لا

(with an

FCO

seconder)

?

C

6. The Home Secretary is responsible for deciding what

action to take in similar circumstances here. Following the implementation

enactment of the Criminal Justice (International

Cooperation) Act 1990, a joint (Home Office/PC) Central

Authority has been set up in the Home Office to consider requests for mutual legal assistance. The Home Ornie's the

eases. The general policy is that possibility of the death

penalty being carried should not act as an automatic bar on

the provision of evidence. But such cases and any other

reasons for political sensitivity would be referred to H-0 Ministers here and in the Home Office and to the FCO for political aditice would be consulted

1

7. This said however, the UK itself would be unlikely to

provide the information if a similar situation arose

involving China or other jurisdictions which we did not have full faith Though these types of cases are rare,

we understand that there have been two recently. In one a

Turkish national, who was wanted for murder in the UK, was

arrested in Turkey. At that time there was no extradition agreement with Turkey and the Turkish authorities wished to

prosecute him themselves; claiming jurisdiction over their

emselves

ROFATC/3

X

K

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