TNAG-2336-FCO40-3400-Extradition-agreements-between-Hong-Kong-and-other-countries-1991 — Page 35

RESTRICTED

17 April 1991

SD Pattison Esq

WASHINGTON

Dear Stephen,

FAX to:

Vig

Come Er

5. Bradley ESE Hong tháng mong

DIA

I m Edwards Esq

WM135

Foreign & Commonwealth

Office

London SWIA 2AH

Leyor Officer (14) Hong Hong Telephone: 071-

THKC389/2

23 1991

13

HONG KONG EXTRADITION ARRANGEMENTS

1. Thank you for your letter of 18 March (which I am afraid took until 3 April to reach me). I set out below some information which I hope will answer State Department's questions. You may draw on it, and the enclosures, freely.

2.

Current extradition arrangements between Hong Kong and the US are governed by the UK/US Extradition Treaty of 1972 (extended to Hong Kong in 1976) and the UK/US Supplementary Extradition Treaty of 1985 (extended to Hong Kong in 1988). When sovereignty over Hong Kong reverts to China in 1997, the extension of these agreements to Hong Kong will have to lapse.

3.

It is, of course, essential that Hong Kong should continue to have effective extradition arrangements after 1997. We have therefore agreed with the Chinese Government, through the Sino-British Joint Liaison/Group, that Hong Kong should have its own series of separate/bilateral extradition agreements. The Chinese Government have agreed that the UK may authorise Hong Kong, before 1997, to conclude such extradition agreements (which will be binding in international law) and that these agreements can continue in force after 1997, subject to Chinese agreement to the initialled text. I attach copies of the joint communiques from the tenth, eleventh and sixteenth meetings of the Joint Liaison Group with the passages on extradition (surrender of fugitive offenders) highlighted.

•

4 This means that Hong Kong can begin to negotiate its own bilateral extradition agreements with partners. Given the importance of Hong Kong's relations with the US, the US is among the first of the countries with which Hong Kong is seeking to open negotiations. We hope that the two sides will be able to negotiate a mutually satisfactory text which we will then put to the Chinese through the Joint Liaison Group mechanism.

RIDAJR

CC

RESTRICTED

FICC

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