TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 73

CONFIDENTIAL

004465 MDLIAN 3125

©

ние 380 13.

TOP COPY Q DIST?

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2571

OF 15103OZ AUGUST 91

INFO PRIORITY PEKING, UKREP JLG HONG KONG

YOUR TELNO 1464: CO-OPERATION WITH CHINA ON CRIMINAL MATTERS.

1. THE PROBLEMS WE FACE WITH SERIOUS OFFENCES COMMITTED IN HONG KONG BY MAINLAND CRIMINALS MEANS THAT WE WOULD NOT WISH TO DELAY

FOR LONG THE INTRODUCTION OF THE ARRANGEMENTS PROPOSED IN OUR

TELNO 2462. APART FROM THE NEED TO TAKE EFFECTIVE STEPS TO DETER CROSS-BORDER CRIME, WE WOULD FIND IT DIFFICULT TO EXPLAIN LACK OF

ACTION OR UNDUE DELAY TO THE PUBLIC. WE HOPE THEREFORE THAT WE CAN HAVE YOUR FIRM VIEWS BY THE END OF AUGUST, ALTHOUGH IN VIEW OF PARA 3 OF TUR WE WOULD OF COURSE BE WILLING TO POSTPONE IMPLEMENTATION UNTIL AFTER THE PM'S VISIT.

2. AS WITH THE PROCEDURES OF HMG OUTLINED IN TUR, WE ALSO PROPOSE TO CONSIDER ON A CASE BY CASE BASIS. WE WILL RETAIN DISCRETION, WHICH WILL BE EXERCISED WITHIN TIGHT LIMITS RELATING ONLY TO

CERTAIN CRIMES AND TO CERTAIN TYPES OF INFORMATION OF HIGH EVIDENTIAL VALUE. THIS IS IN ACCORDANCE WITH OUR MODEL MLA TREATY NOW UNDER DISCUSSION WITH THE CHINESE IN THE JLG. THE TYPE OF CASE TO WHICH THESE PROCEDURES WOULD APPLY IS LIMITED TO THE MOST

SEVERE. BEFORE EVIDENCE WOULD BE PROVIDED IT WOULD HAVE BEEN SCRUTINISED FOR RELEVANCE, WEIGHT AND ADMISSIBILITY BY THE RHKPF AND BY A LAWYER ACTING ON BEHALF OF THE DIRECTOR OF PUBLIC PROSECUTIONS IN THE ATTORNEY GENERAL'S CHAMBERS.

3. WE BELIEVE PUBLIC OPINION HERE WOULD FAVOUR THE PROPOSALS.

THERE MAY BE SURPRISE THAT THERE IS HESITATION IN PROVIDING THIS CO-OPERATION. IT WOULD BE DIFFICULT TO EXPLAIN CONVINCINGLY WHY, HAVING REQUESTED CHINA'S CO-OPERATION IN STEMMING CROSS-BORDER CRIME, WE WERE UNABLE TO CO-OPERATE WITH CHINA IN THE PROSECUTION OF CRIMINAL FUGITIVES. WE CANNOT RULE OUT SOME OPPOSITION TO THE PROPOSALS ON HUMAN RIGHTS GROUNDS, BUT WE BELIEVE THIS WOULD BE VERY MUCH A MINORITY VIEW.

4. THE CHINESE ATTITUDE OVER DEATH PENALTY ASSURANCES (PARA 5 OF TUR) HAS NOT (NOT) UNDERGONE A SUDDEN CHANGE: IT IS SIMPLY THAT WE HAVE ONLY DURING THE PAST YEAR OR SO BEEN FORCED BY

1

PAGE

CONFIDENTIAL