TNAG-2389-FCO40-3471-Extradition-from-the-UK-to-Hong-Kong-case-of-Lorrain-Esme-Os-1991 — Page 196

CONFIDENTIAL

167

MDADAN 0201

CONTINUATION OF AGREEMENTS WHICH HAVE BEEN CONCLUDED BEFORE 1997. THIS IS DEALT WITH IN THE SECOND HALF OF ARTICLE 153 OF THE BASIC LAW. THE TWO SIDES HAVE AGREED TO DISCUSS WHAT AGREEMENTS SHALL BE ENTERED INTO BEFORE 1997 WITH THE EXPLICIT PURPOSE OF ESTABLISHING THAT THOSE THAT ARE ENTERED INTO CAN REMAIN IN FORCE AFTER 1997 UNDER THE RELEVANT PROVISIONS OF THE JD, WHICH ARE REFLECTED IN THE PROVISIONS OF ARTICLE 153.

4. IN HIS PARAGRAPH 7 PROFESSOR GHAI ARGUES THAT EXTRADITION DOES NOT FALL WITHIN THE AREAS WHERE THE SAR GOVERNMENT'S COMPETENCE IS EXPLICITLY ASSURED. THIS IS TRUE, BUT THE AREAS CONCERNED ARE EXEMPLARY ONLY.

5. FINALLY IN HIS PARAGRAPH 14 PROFESSOR GHAI ATTEMPTS TO ARGUE THAT THE JLG IS DEADLOCKED ON EVERYTHING. THOUGH WE SOMETIMES FEEL LIKE THAT, IT IS NOT IN FACT TRUE, AND HAPPILY EXTRADITION IS NOT ONE OF THE SUBJECTS ON WHICH IT IS DEADLOCKED CURRENTLY.

GALSWORTHY

YYYY

ADVANCE

2

HD/HKD

NNNN

DISTRIBUTION

2

HD/SEAD

PAGE

2

CONFIDENTIAL