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مير
tikc 370/14-
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FM FCO
TO ROUTINE HONG KONG
TELNO 1668
OF 271906Z NOVEMBER 92
INFO PRIORITY PEKING, UKREP JLG HONG KONG
Q DIST?
16
114013
MDLOAN 2407
YOUR TELNO 2730: SURRENDER OF FUGITIVE OFFENDERS: LOCALISATION
OF LAWS
1. We have two comments to make on your revised consultation paper on this subject.
2.
Firstly, in para 8 (a) there is a reference to "a Legislative instrument" which is to be made under the proposed Fugitive Offenders Ordinance and the next sentence refers to "such Order". It would be clearer if the reference to "a Legislative instrument" was replaced by the words "an Order".
3.
Secondly, in para 10 (c) the word "solely" should be deleted from the second sentence. The implication otherwise is that the fact that the requests were made by a country which is a member of the Commonwealth is actually a factor to be taken into account in reaching a decision on the request.
4. You asked in para 2 of TUR whether prerogative orders as distinct from statutory orders are "enactments" within the meaning of the Hong Kong Act, Schedule, para 3. We think the answer to this lies in the Schedule, para 1, which defines "enactment" as "any provision of any Act, other than this Act, passed before the relevant date and any provision of an instrument made before that date under any such Act". covers only statutory orders and not prerogative orders.
This
5. We only received a full version of the consultation paper on 24 November. Our Legal Adviser has not therefore had time to Look at these issues in detail. We would prefer to do so, and to know whether the advice in para 4 will affect your plans (in terms of having LegCo make the necessary amendments) before you hand a paper to the Chinese.
HURD
1
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