TNAG-2336-FCO40-3400-Extradition-agreements-between-Hong-Kong-and-other-countries-1991 — Page 33

RESTRICTED

DIEU-ES

FOR

ORD

13

18 March 1991

Ms P Major Hong Kong Dept

FCO

Не Рашала,

ہو

Ms Barrett Legal Advises

could we discounts?

[HKC384/2 Anaje

3/4

Crec'd end

last week).

British Embassy Washington

Sie

3100 Massachusetts Ave N.W.

Washington D.C. 20008-3600

Telephone: (202)

Telex: RCA 211427 or 216760-WUI 64224

Facsimile: (202) 898-4255

HONG KONG EXTRADITION ARRANGEMENTS

1.

On 15 March the State Department Legal Advisor's Office (Andre Surena) contacted me to obtain some background to Hong Kong's request - transmitted through the US Consulate General to negotiate a new Hong Kong/US extradition treaty. Surena understood that this was intended to replace the existing arrangements for Hong Kong which were covered in the UK/US extradition treaty.

2.

Apart from further background to Hong Kong's request, Surena had one specific point to raise. He was concerned that the US were allowing Hong Kong to extradite people who would serve long sentences in Hong Kong which would mean they would be in jail beyond 1997. There were already court cases pending in the United States challenging extradition in these circumstances on the grounds that it would be wrong for the United States to hand people over to a country (China) who could not be relied upon to abide by the terms of the current UK/US extradition agreement, or the future Hong Kong/US extradition agreement. He wanted to know how we were proposing to address this problem. One option, which he recalled had been raised in an earlier case, was for the UK to undertake to transfer prisoners in Hong Kong to UK jails in 1997. Another was for the PRC to give an assurance that it would respect the terms of the Hong Kong/US extradition treaty.

I would be grateful to know how I should respond. Surena was particularly concerned that our exchanges should remain confidential because of the litigation pending in US courts.

3.

Yas the

cc: S Bradley Esq, HONG KONG

RESTRICTED

Letter cleared with Ms Barrett

In extradition: geneal

fr 1714.

S D PATTISON

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