CONFIDENTIAL
155704
MDLIAN 02
MAY NOT BE ABLE TO PROVIDE ASSISTANCE TO THE CHINESE IN CASES
WHERE A SERIOUS CRIME HAS BEEN COMMITTED IN HONG KONG BUT THE
SUSPECT HAS RETURNED TO CHINA.
4. THE SEEKING OF ASSISTANCE BY THE CHINESE AUTHORITIES IN SUCH
CASES IS A RELATIVELY NEW PHENOMENON. IT HAS NO DOUBT BEEN STIMULATED BY FREQUENT REQUESTS FROM US OVER THE PAST YEAR TO 18
MONTHS TO THE CHINESE LAW ENFORCEMENT AUTHORITIES TO TAKE STEPS TO STEM CROSS-BORDER CRIME. PREVIOUSLY, ALTHOUGH THERE WAS
REGULAR CONTACT BETWEEN THE ROYAL HONG KONG POLICE AND THE PUBLIC SECURITY BUREAU (PSB) IN CHINA, THIS WAS LIMITED LARGELY TO THE EXCHANGE OF INTELLIGENCE ON PATTERNS AND TRENDS IN RELATION TO VIOLENT CRIME, COUNTERFEITING, FORGERY, FRAUD, DRUG TRAFFICKING, TRIADS, ILLEGAL IMMIGRATION AND SMUGGLING. WE HAVE ON OCCASION NOTIFIED THE PSB OF PARTICULARS OF HONG KONG RESIDENTS WANTED FOR SERIOUS CRIME IN HONG KONG WHO ARE KNOWN TO BE IN CHINA, AND ALSO GIVEN THEM DESCRIPTIONS OF HIGH-VALUE VEHICLES STOLEN IN HONG
KONG AND ILLEGAL FIREARMS SEIZED HERE WHICH ARE BELIEVED TO COME FROM CHINA. IN THE CASE OF SPECIFIC CRIMES COMMITTED IN CHINA NOT INVOLVING THE DEATH PENALTY, THE POLICE IN HONG KONG HAVE IN SOME CASES FACILITATED THE INTERVIEW OF HONG KONG WITNESSES BY PSB OFFICERS, AND CONDUCTED INVESTIGATIONS IN HONG KONG ON THEIR
BEHALF.
5. WE DO NOT HAVE A MUTUAL LEGAL ASSISTANCE (MLA) AGREEMENT WITH CHINA. IF AND WHEN WE DO NEGOTIATE AN MLA AGREEMENT WITH CHINA WE SHALL SEEK TO INCLUDE A SAFEGUARD ALLOWING ASSISTANCE TO BE REFUSED IN CASES WHERE THE DEATH PENALTY MIGHT BE IMPOSED. THIS WOULD BE A DISCRETIONARY PROVISION AND WOULD NOT PREVENT
ASSISTANCE BEING GIVEN IN SOME SUCH CASES WHERE THAT WAS IN THE PUBLIC INTEREST.
6. IF WE CONTINUE NOT TO PROVIDE ASSISTANCE IN DEATH PENALTY
CASES, CRIMINALS IN CHINA WOULD BE ENCOURAGED TO COMMIT CRIMES IN HONG KONG KNOWING THAT THEY HAVE A SAFE HAVEN ACROSS THE BORDER. IF IT WERE TO BECOME PUBLIC KNOWLEDGE THAT WE HAD DECLINED TO CO- OPERATE, POLICE MORALE WOULD BE ADVERSELY AFFECTED AND HONG KONG PUBLIC OPINION WOULD FIND THE SITUATION DIFFICULT TO UNDERSTAND. OVER THE PAST TWO YEARS WE HAVE RECEIVED AN INCREASING AMOUNT OF USEFUL ASSISTANCE FROM THE CHINESE IN RELATION TO CRIMINAL
ACTIVITY IN HONG KONG. SIGNS ARE NOW EMERGING THAT THE CHINESE
RESENT OUR UNWILLINGNESS TO RECIPROCATE AND REGARD IT AS
INCONSISTENT WITH OUR COMMON MEMBERSHIP OF INTERPOL. UNLESS WE
MODIFY OUR POLICY IT IS POSSIBLE THAT WILL CEASE TO PROVIDE
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