TNAG-2387-FCO40-3469-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 89

1st July 1997. On that date, sovereignty over Hong Kong passes to the

PRC and the Basic Law adopted on 4th April 1990 by the National Peoples'

Congress of the PRC comes into effect. As at today, therefore, we know

that the Specialty Assurance under the laws of Hong Kong will cease on

1st July 1997 and that this is a lacuna which currently exists in the

law.

14.

The following further conclusions are drawn by Professors Ghai and Chiu

in their opinions:

a) The HKSAR was not given power under the Basic Law to deal with

extradition matters. Further, even if the present Hong Kong

legislature were to pass an ordinance to "localise" the contents of

the Hong Kong Order, the ordinance does not survive the coming into

effect of the Basic Law.

b)

If the intention of the PRC had been to the contrary and it was

contemplated that the HKSAR would form a distinct entity for the

purposes of extradition such that

(1) the HKSAR could legislate and/or makes its own arrangements in

respect of extradition matters; and

(11) fugitives returned to Hong Kong would not be subject to PRC

authority after 1st July 1997,

appropriate provisions to ensure the continuation of the Specialty

Assurance beyond 1st July 1997 could and would have been included in the

Basic Law. They were not.