CONFIDENTIAL
004465
MDLIAN 3125
CIRCUMSTANCES TO SEEK FORMALLY THEIR ASSISTANCE IN THE ARREST OF
MAINLAND FUGITIVES WHO HAVE COMMITTED SERIOUS OFFENCES IN HONG KONG.
BECAUSE THE CHINESE INSIST ON EXTRA-TERRITORIAL JURISDICTION TO TRY SUCH OFFENCES, WE HAVE NO OPTION BUT TO SUPPLY THE NECESSARY EVIDENCE IF THE OFFENDERS ARE NOT TO BE
ALLOWED A SAFE HAVEN ACROSS THE BORDER. THERE IS AN IMPORTANT DISTINCTION BETWEEN THIS RELATIVELY NEW SITUATION AND THE MORE LONG-STANDING ONE IN WHICH THE CHINESE SEEK OUR HELP IN RETURNING, OR PROVIDING INFORMATION ON, MALEFACTORS FROM THE MAINLAND WHO HAVE FLED TO HONG KONG. IN THE LATTER CASE, WE ARE OF COURSE IN A MUCH STRONGER POSITION TO SEEK ASSURANCES ON PENALTIES.
5. WE BELIEVE THAT ASKING FOR THE RETURN OF FUGITIVES (PARA 6 OF TUR) FROM CHINA TO HONG KONG WOULD MAKE IT VERY DIFFICULT FOR US TO RESIST REQUESTS FOR THE RENDITION OF FUGITIVES FROM HONG KONG TO CHINA. AS YOU KNOW WE HAVE IN MIND THE NEGOTIATION OF A RENDITION AGREEMENT WITH CHINA BUT WE DO NOT HAVE A FIRM TIMETABLE. WE WOULD NOT WISH TO ATTEMPT SUCH NEGOTIATIONS UNTIL WE HAVE SEVERAL EXTRADITION AGREEMENTS IN PLACE AND LOCAL LEGISLATION ENACTED. WE DOUBT WHETHER SUCH AGREEMENTS AND LEGISLATION WOULD BE IN PLACE WITHIN THE NEXT TWO YEARS. WE WOULD SEEK TO INCLUDE A DEATH PENALTY EXCLUSION CLAUSE FOR ALL TYPES OF RETURNEES. WE THEREFORE ANTICIPATE DIFFICULTY IN THE NEGOTIATION OF ANY SUCH RENDITION AGREEMENT. WE HAVE A SIMILAR STRATEGY IN REGARD TO MLA, BUT, AS YOU KNOW, THE CHINESE HAVE YET TO ACCEPT OUR MODEL AGREEMENT. HOWEVER, WE CANNOT AFFORD TO DELAY RESOLUTION OF OUR IMMEDIATE PRACTICAL PROBLEMS OVER THE PROVISION OF EVIDENCE TO CHINA. WE BELIEVE THAT OUR PROPOSALS OFFER A PRAGMATIC APPROACH TO THESE PROBLEMS.
6. WE SHOULD BE GRATEFUL TO KNOW WHAT REDUCTION IN AREAS OF ASSISTANCE YOU HAVE IN MIND AND HOW THEY WOULD BE POLITICALLY HELPFUL. THE ASSISTANCE WE PLAN TO PROVIDE THE CHINESE IS EITHER FACTUAL OR CAPABLE OF ASSESSMENT TO ENSURE ITS RELIABILITY AND RELEVANCE TO THE CASE. IT IS THE EVIDENCE (OR PART OF THE EVIDENCE) THAT WOULD BE REQUIRED UNDER OUR LAW TO SECURE A CONVICTION.
7. WE ARE GRATEFUL TO PEKING FOR THEIR TELNO 1278 AND WE AGREE WITH THEIR VIEWS.
FORD
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