CODE 18-77
Mr Stone HKD
(12)
Reference
нив 380 13.
Ра
COOPERATION WITH CHINA ON CRIMINAL MATTERS
1.
Thank you for copying to me Ms Barrett's minute to you of 19 August and the background papers which had not previously been copied to ERD.
2. As I explained to you earlier today, as far as the UK is concerned, requests for mutual legal assistance are the responsibility of the Central Authority in C7 Division in the Home Office. When arrangements were being made for the establishment of the Central Authority last year, it was agreed that there should be an FCO secondee in it who would be responsible for identifying any requests which would be diplomatically or politically sensitive, and ensuring that the FCO was consulted. That secondee has recently arrived, since when a number of requests have been channelled through ERD to the appropriate geographical department for comment. However, as Ms Barrett points out, ultimately the Home Secretary is responsible for deciding whether requests should be granted under the Criminal Justice (International Cooperation) Act 1990.
The question of whether assistance should be granted in cases where this might lead to the imposition of the death penalty in the requesting country, was specifically addressed by the Home Office, in consultation with the FCO, last year. As you will see in Alan Harding's (Head of C7) letter of 21 March (copy attached) they took the view that a potential capital sentence was not a consideration where the general provision of assistance was concerned as it would be in extradition requests. However the Home Office would consult their Ministers in such cases and we confirmed that the FCO should be consulted.
Алвибори
A K Soper
Economic Relations Department
E316
270 2682
cc: Ms Barrett, Legal Advisers
Mr Broom, UND
Mr Seaton, FED
Mr Bousfield, NTCD
Mr Dinsdale, Overseas Police Advisers
Ms Collins-Rice, C7 Home Office
23 August 1991
127apaa
No comments yet.
Private notes are available after approval.