TNAG-2491-FCO40-3623-Bilateral-agreements-between-Hong-Kong-and-other-countries-r-1992 — Page 6

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Ι have had a look at the negotiating record of our lengthy discussions with the Chinese about extradition. At the expert talks in January 1988 the Chinese asked: -

"Will the arrangements for the surrender of fugitive offenders signed by Hong Kong with foreign countries be registered with the United Nations?"

Our answer was:

"Our aim as may already be clear is that we should have treaty-type arrangements and we should make it clear that arrangements would have to be registered only where they take the form of a treaty.

"

Thus, we can say to the Chinese side that this matter was discussed in relation to fugitive offenders and that all bilateral agreements, whatever the subject, should of course be treated similarly. We already have the air service agreements precedent.

The remaining question is when/if we discuss registration with the Chinese. My proposal is that we shall certainly have to mention it to them but we should do so only when we are in a position to register the first bilateral, i.e. when an IPPA or bilateral extradition agreement has been signed and brought into effect in accordance with its terms. We shall be informing the Chinese side anyway about entry into force and we should then just say that we are proceeding to register the agreement concerned at the UN in accordance with Article 102 of the Charter. I would certainly not be in favour of making a great fuss about this or dealing with it in a way that made it look as though there was something to consult about.

With luck, we should quickly be able to establish a system and the whole registration exercise should become routine as it has for air service agreements. If the Chinese do raise problems then, of course, we'll deal with. them.

Чит

c.c. Mr Bart Ireland, CAB

(D M Edwards)

Law Officer (International Law)

Ms Joanne Foakes, APCC(IL) Mr Charles Garrett, UKREP JLG

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