TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 82

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Miss Barrett

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Legal Advisers

HONG KONG: CO-OPERATION WITH CHINA ON CRIMINAL MATTERS

1. Hong Kong have informed us, in their telno 2462, attached for ease of reference, that they intend to implement new arrangements for co-operation with China on criminal matters, with effect from 15 August. We have alerted Hong Kong that we do not see this as a simple routine matter. I think that you should, by now, have received from Miss Brooks a copy of the Executive Council paper on which the telegram is based. I am also copying this paper to other addresses, but would be grateful they you would not keep it on file.

2.

(2)

These proposals raise a number of issues. From the political point of view, we shall probably need to consult Ministers on the possible flak that HMG will take for allowing a dependent territory to pass on information to a judicial system which we have long recognised as being less than adequate which would be used for the purposes of prosecuting someone with an offence carrying the death penalty. But we also need to examine how what Hong Kong proposes to do differs from, if it does, what action we would take to Interpol requests or in our dealings with countries which retain the death penalty.

3. I should therefore be grateful for your advice in the following areas:-

(a)

Do all HMG's mutual legal assistance/extradition treaties include a provision stating that the death penalty will not be carried out in respect of the cases which we are facilitating?

(b) Are you able to advise me on HMG's position

regarding the passing of information through Interpol where crimes covered could involve the death penalty? Perhaps Mr Dinsdale may wish to comment?

(c)

Are there are conventions which HMG may have entered into which would prohibit us from passing on information to countries where the death penalty would be invoked?

4. These matters aside, I should also be grateful for your comments on the proposals set out in paragraph 7-12 of the telegram.

BATAMO

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