TNAG-2578-FCO40-3765-Prisoner-repatriation-agreement-between-the-UK-and-Japan-pos-1992 — Page 6

Dr Harkin

Yours?

Qu

4/2

Foreign & Commonwealth

Office

1992,

· GK 383/303/1

21 January 1992

HKC 383/1

London SWIA 2AH

Telephone: 071-

GM Fry Esq TOKYO

TO FER 1992

см

Dear Mr Fry

PRISONER REPATRIATION

1. I refer to the exchange of telegrams between you, ourselves and Hong Kong regarding the possibility of actively pursuing a Prisoner Transfer Agreement with Japan.

2. We have considered the options between encouraging Japan to become a party to the Council of Europe Convention on Prisoner Transfer, as the USA is, and negotiating a separate UK/Japanese bilateral agreement which would include Hong Kong. We have decided the more favourable arrangement would be a bilateral agreement similar in style to the one negotiated between the UK and Thailand and I enclose a copy of that Agreement for your information.

3. From looking at past files on the growing trend of prisoner repatriation I notice that Japan was once considered before and that it was not actively pursued because of something called Japan's "Double Punishment law". I am not familiar with this particular law and wonder if it would really prevent the negotiation of a bilateral agreement. Could you please obtain more information on the law and enquire, if the Japanese would be prepared to consider a bilateral prisoner transfer agreement with the United Kingdom.

4. You can inform the Japanese authorities that Her Majesty's Government is in favour of Prisoner Repatriation agreements which allow offenders to complete the balance of their sentences in their own countries. Prisoners in second countries are often disadvantaged because of language and culture. Transfer agreements are humanitarian in nature: they are not a soft option for prisoners.

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