TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 79

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EXAMPLE WOULD THERE BE MERIT IN TAKING IT UP WITH THE CHINESE IN PEKING OR HERE? THE CHINESE MAY BE WILLING TO SHOW GREATER FLEXIBILITY IN THE RUN-UP TO THE PRIME MINISTER'S VISIT, SO A NEW APPROACH MIGHT BE FRUITFUL.

6. IS IT CERTAIN THAT RETURN OF FUGITIVES TO HONG KONG WOULD REQUIRE RECIPROCAL EXTRADITION AGREEMENTS? WE ARE AWARE THAT YOU PLAN TO BROACH THIS GENERAL SUBJECT WITH THE CHINESE AFTER A NUMBER OF EXTRADITION AGREEMENTS ARE UP AND RUNNING. WHEN DO YOU ENVISAGE THIS TAKING PLACE? WOULD YOU BE SEEKING A DEATH PENALTY EXCLUSION CLAUSE FOR CHINESE NATIONALS BEING SENT BACK TO CHINA AS WELL AS FOR HONG KONG NATIONALS BEING SENT TO CHINA? WOULD THIS APPLY TO A MUTUAL LEGAL ASSISTANCE AGREEMENT AS WELL? COULD WE NOT PRESS THE CHINESE MEANWHILE TO HANDLE INDIVIDUAL CASES IN A PRAGMATIC WAY?

IF POLITICALLY NECESSARY COULD YOU CONSIDER LIMITING AREAS OF ASSISTANCE TO A SHORTER LIST THAN IN PARA 8 OF YOUR TELNO 2462?

7.

CHALKER

YYYY

DISTRIBUTION

64

ΜΑΙΝ

60

.HONG KONG AGREEMENT

PUSD

.(RESTRICTED)

RAD

LIMITED

HKD

HD/FED

NEWS D

PLANNERS

ADDITIONAL

4

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES MR BURNS

MS BARRETT LEGAL ADVISERS MISS BROOKS LEGAL ADVISERS

MR APPLEYARD CABINET OFFICE SIR P CRADOCK NO.10

NNNN

2

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