TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 76

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HKB 38013

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000436

MDLIAN 2698

CONFIDENTIAL

FM PEKING

TO PRIORITY FCO

TELNO 1278

OF 140014Z AUGUST 91

INFO PRIORITY HONG KONG, UKREP JLG HONG KONG

-2

HONG KONG TELNO 2462 AND YOUR TELNO 1464.

COOPERATION WITH CHINA ON CRIMINAL MATTERS.

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Q DIST?

ГОР СОРУ

IN CASES WHERE P R C CITIZENS WHO ARE NOT HONG KONG RESIDENTS HAVE BEEN ARRESTED IN THE P R C ON SUSPICION OF HAVING COMMITTED CERTAIN SPECIFIED CRIMES IN HONG KONG THE IDEAL WOULD OF COURSE BE AN ARRANGEMENT WHEREBY SUCH INDIVIDUALS WERE RETURNED TO HONG KONG TO STAND TRIAL THERE. THE PRICE FOR THIS WOULD UNDOUBTEDLY BE AN EQUIVALENT ARRANGEMENT FOR HANDING OVER ANY CHINESE CITIZENS AND HONG KONG RESIDENTS ARRESTED IN HONG KONG FOR CRIMES IN THE P R C TO THE CHINESE AUTHORITIES FOR TRIAL IN THE PRC. LEAVING ASIDE THE POLITICAL SENSITIVITIES SUCH ARRANGEMENTS

WOULD TAKE TIME TO NEGOTIATE.

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