TNAG-2577-FCO40-3764-Cooperation-between-Hong-Kong-and-China-regarding-criminal-m-1992 — Page 3

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CONFIDENTIAL-

1992

Dr Markin

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20 JUL 1992

From: R A J Bunten

Hong Kong Dept

Date: 17 July 1992

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HONG KONG: COOPERATION WITH CHINA ON CRIMINAL MATTERS

Problem

4

1. How to respond to Hong Kong telno 1888 which proposes supplying information and evidence to China on three violent crimes which occurred in Hong Kong to assist the Chinese with the prosecution of the offenders.

Recommendation

2. I recommend that we endorse the proposal.

Background

3.

Ministers agreed last year that, in order not to allow China to become a safe haven for Chinese citizens who commit crimes in Hong Kong, the Hong Kong Government (HKG) could provide the Chinese with evidence in order to prosecute suspects.

4. The information would only be supplied in cases of murder, armed robbery, drug trafficking and illegal importation of firearms. Information might consist of statements by witnesses (with their consent), physical evidence and documentary evidence (such as forensic reports). It could only be given if the Attorney-General was satisfied that the evidence was of probative value, was not unfair to the accused and could legally be supplied.

5.

There are obvious political sensitivities given that the information supplied might result in the execution of the accused following a legal process which we would not consider to be satisfactory. Ministers therefore decided on the following

safeguards;

The political Adviser and Secretary for Security would consider each request on a case-by-case basis.

If they believed that a case was or might possibly be politically sensitive they would consult us.

rod/LAO/coperation.crime

CONFIDENTIAL