TNAG-2570-FCO40-3756-Future-of-Hong-Kong-localisation-of-laws-surrender-of-fugit-1992 — Page 74

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 1799

OF 031032Z JULY 92

CONFIDENTIAL

HKC 370/14

см 2+

जिf

170526

MDLIAN 6456

FOR HKD AND LEGAL ADVISERS

SURRENDER OF FUGITIVE OFFENDERS: LOCALISATION OF LAWS

1. AS YOU KNOW, WE INTEND TO INTRODUCE LEGISLATION IN HONG KONG TO REPLACE THE SUBSTANCE OF THE EXTRADITION ACTS 1870 TO 1989 INSOFAR AS THEY APPLY TO HONG KONG, THE FUGITIVE OFFENDERS (HONG KONG) ORDER 1967 AS AMENDED BY LATER ORDERS, THE FUGITIVE OFFENDERS COVERSEAS TERRITORIES ORDERS) 1968 TO 1981 INSOFAR AS THEY APPLY TO HONG KONG AND VARIOUS OTHER EXTRADITION AND FUGITIVE OFFENDERS ORDERS INSOFAR AS THEY APPLY TO HONG KONG. THIS WILL INVOLVE REPEALING OR AMENDING THE RELEVANT ENACTMENTS

SO FAR AS THEY ARE PART OF THE LAW OF HONG KONG. IT WILL ALSO

INVOLVE MAKING LAWS HAVING EXTRA-TERRITORIAL OPERATION.

2. IN ORDER TO GIVE THE HONG KONG LEGISLATURE THE NECESSARY POWERS, WE SUGGEST THAT AN ORDER IN COUNCIL UNDER PARA 3 OF THE SCHEDULE TO THE HONG KONG ACT 1985 WOULD BE APPROPRIATE. OUR VIEW IS THAT THE BEST APPROACH WOULD BE TO HAVE AN ORDER AMENDING THE HONG KONG (LEGISLATIVE POWERS) ORDER 1986 BY ADDING TO PARA 2 OF

THAT ORDER AS ITEM (IV) THE SUBJECT OF QUOTE SURRENDER OF

FUGITIVE OFFENDERS UNQUOTE. YOU WILL BE AWARE OF THE REASON FOR

USING THAT PHRASEOLOGY RATHER THAN ANY REFERENCE TO QUOTE

EXTRADITION UNQUOTE. THE REASONS FOR AMENDING THE 1986 ORDER RATHER THAN HAVING A NEW ORDER ARE (A) TO PLAY DOWN THE

SIGNIFICANCE OF THE ORDER AND SHOW THAT IT IS NOT A NEW

DEPARTURE, (B) TO LINK SURRENDER OF FUGITIVE OFFENDERS WITH CIVIL AVIATION WHICH WILL BE USEFUL WHEN WE COME TO LOCALISE THE LAWS ON AVIATION SECURITY, AND (C) TO MAKE THE LEGISLATIVE PROCEDURE

EASIER IN LONDON.

3. GIVING THE HONG KONG LEGISLATURE POWER TO REPEAL UK ORDERS IN

THIS FIELD DOES NOT MEAN WE INTEND THAT THE ORDERS WHICH

IMPLEMENT THE EXISTING BILATERAL EXTRADITION AGREEMENTS WILL BE REPEALED BY THE LOCAL LEGISLATURE. OUR PRESENT VIEW IS THAT SUCH

REPEAL WOULD BE MORE APPROPRIATELY UNDERTAKEN BY THE PRIVY COUNCIL, IF IT IS AGREED TO DO SO. HOWEVER, WE SHALL, OF COURSE,

PAGE

1

CONFIDENTIAL