TNAG-2570-FCO40-3756-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1992 — Page 53

1992-11-20 14:35

SECURITY BRANCH

852 868 5074 P.04

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2

4.

A 1.

present Hong Kong's capacity to request and grant.

the surrender of fugitive offenders is dependent upon -

(a) bilateral agreements that have been extended to Hong

Kong by the United Kingdom;

(b)

multilateral agreements (which contain provisions for the surrender of fugitive offenders) that have

been extended LO Hong Kong by the United Kingdom;

and

(c) reciprocal

arrangements

between

Commonwealth

jurisdictions.

Lo

For the agreements referred in paragraphs 4(a) and

4(b),

Orders in Council provide that the Extradition Act 1870

(UK) extends

Hong Kong to regulate the surrender of

fugitive offenders between Hong Kong and the jurisdictions

covered by those agreements, subject. to the terms of such

agreements. Schedule 1 to the Extradition Act 1989 (UK),

contains a statutory regime based on the Extradition Act 1870

but replaces the 1870 Act as the underpinning legislation for

those Orders in Council. The application of the Orders in

Council to Hong Kong is nevertheless specifically preserved

by The Extradition Act 1989. Thus, the old system in all its

essentials is preserved for Hong Kong.

6.

1] modified

For the arrangements referred to in paragraph 4 (c),

version of the Fugitive Offendera Act 1967 is

extended to Hong Kong by Order in Council [the Fugitive

Offenders (Hong Kong) Order 1967]. This Order regulates the

suirunder of fugitive offenders between Hong Kong and those

Commonwealth jurisdictions which are listed in it.