TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 115

16.

I.A.

Extradition powers come within the field of foreign affairs,

and its basic framework is regulated by international law (see.

Shearer, Extradition in International Law (1971), page

22;

Hans Schulz, "The General Framework of Extradition and Asylum" in

Bassiouin and Nanda (Editors) A Treatise on International

Criminal Law, Volume 2 (1973), page 309). The law of extradition

rests on the principle of state sovereignty (see. Schulz above,

and Bassiouni in the same volume, who state that extradition

involves acts of sovereignty on the part of two states, page

347). The concern of the PRC with sovereignty is well-known.

Although the primary purpose of the Basic Law is to grant autono-

my for internal affairs to the HKSAR, the theme of state (ie.

PRC) sovereignty runs as a leitmotive through it. The preamble

talks of the resumption of sovereignty over Hong Kong and uphold-

ing national unity and territorial integrity, Article I says that

the HKSAR is an inalienable part of the PRC, Article 2 makes

clear that the autonomy of the HKSAR is a dispensation from the

National People's Congress, Article 12 states that the HKSAR

shall be a local administrative region of the PRC and come di-

rectly under the Central People's Government, etc.

17. The PRC regards extradition as a matter touching sovereignty

and falling within its own competence. All powers with regard to

foreign affairs remain with the FRC. Nowhere is the HKSAR given

power on its own to deal with extradition matters. It must

therefore be concluded that the powers to legislate or to make

any arrangements in respect of extradition do not fall within the

11