TNAG-2578-FCO40-3765-Prisoner-repatriation-agreement-between-the-UK-and-Japan-pos-1992 — Page 8

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MDLIAN 3970

Copy at 33

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2607

OF 200647Z AUGUST 91

AND TO PRIORITY TOKYO

ef 34 too

TOP COP Q DIST

HORS!

ARRANGEMENTS FOR THE TRANSFER OF PRISONERS BETWEEN COUNTRIES

1. THE UK/THAILAND PRISONER TRANSFER AGREEMENT WAS CONCLUDED AND EXTENDED TO HONG KONG EARLIER THIS YEAR. WE HAVE SUBSEQUENTLY RECEIVED AND COMMENCED PROCESSING THE APPLICATIONS OF 43 OF THE 124 HONG KONG RESIDENTS, WHO ARE CURRENTLY SERVING SENTENCES IN THAI JAILS, FOR TRANSFER TO HONG KONG.

2. AFTER THAILAND, THE COUNTRY HOLDING THE LARGEST NUMBER OF PRISONERS FROM HONG KONG IS JAPAN WHICH HAS 55 IN ITS JAILS, WHILST THERE ARE 4 JAPANESE NATIONALS IN HONG KONG PRISONS. AS A RESULT, THE ISSUE OF WHETHER WE SHOULD HAVE AN AGREEMENT FOR THE TRANSFER OF PRISONERS BETWEEN HONG KONG AND JAPAN HAS BEEN RAISED. BOTH THIS GOVERNMENT AND THE BRITISH EMBASSY IN TOKYO HAVE RECEIVED ENQUIRIES FROM THE MEDIA IN THIS REGARD. TO DATE OUR LINE HAS BEEN THAT NO SUCH ARRANGEMENT EXISTS BECAUSE JAPAN

IS NOT A PARTY TO THE COUNCIL OF EUROPE CONVENTION ON THE

TRANSFER OF SENTENCED PERSONS.

3. WE ARE NOW CONSIDERING WHETHER IT WOULD BE DESIRABLE FOR US TO

HAVE TRANSFER ARRANGEMENTS WITH JAPAN AND ON WHAT BASIS.

4. WE WOULD BE GRATEFUL FOR:

(A) TOKYO'S ADVICE ON:

I) JAPAN'S VIEWS ON PRISONER TRANSFER ARRANGEMENTS, IF KNOWN:

II) WHETHER PARTIES TO THE CONVENTION HAVE APPROACHED JAPAN TO

ENCOURAGE IT TO JOIN:

(B) FCO'S ADVICE ON:

I) WHETHER HMG HAS CONSIDERED NEGOTIATION ANY BILATERAL AGREEMENT WITH JAPAN OR ANY OTHER COUNTRIES THAT ARE NOT PARTIES TO THE

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CONVENTION:

II) WHETHER HMG WOULD BE PREPARED TO INITIATE SUCH ACTION IF SO REQUESTED BY HKG: AND

III) WHETHER HMG WOULD HAVE ANY OBJECTIONS TO HKG APPROACHING JAPAN OR ANY OTHER COUNTRY DIRECTLY ON THIS ISSUE.

FORD

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93

.COUNCIL OF EUROPE

UND

LIMITED

PS

WED

HKD

FED

CSCE UNIT

EED

ECD (E)

LEGAL ADVISERS

RAD

SECPOL D

SED

NNNN

PS/MR HOGG

PS/MR GAREL-JONES

PS/PUS

MR P J WESTON

SIR J COLES

MR TAIT

MR BURNS

MR GREENSTOCK

MR JAY

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PAGE CONFIDENTIAL

Barks

Ms Barrett

Legal Advisers

p.a.pl.

CONFIDENTIAL

Reference

Ephemerai

(64

ARRANGEMENTS FOR THE TRANSFER OF PRISONERS BETWEEN COUNTRIES HONG KONG TELNO 2607

1.. Hong Kong have asked us for advice about a possible Hong Kong/Japan Prisoner Transfer Agreement. This follows the extension of the UK/Thailand agreement to Hong Kong earlier this year.

Japan, after Thailand, is the country holding the largest number of prisoners from Hong Kong, but is not a party to the Council of Europe Convention on the transfer of sentenced prisoners and appears to have no prison transfer arrangements with any other country.

2.

I would be grateful for your help on how to take this matter forward, and for your advice in particular on points (B) i) and iii) in para 4 of tur. Presumably, it would not be possible for Hong Kong on its own to make such an agreement with Japan, and that HMG would need to be involved?

Grii coglim

нка cooli

G J Coglin

Hong Kong Department

WH303

270 2652

22 August 1991

65

1/2

CODE 18-77

cc: Mr Cummins, FED

Ms Coglm

HKD

1. Your paragraph 2. Point B(i) n a matter of policy

suggest you speak

to

For his successor

Martin Hicks, Section IV- Gener

Poking, Commilar sept (ext. 4118). Bii) & Biii) are

matters. Montin tucks thicks

pohcy

you

with both

abo

should be able to help

to be involved would defend

2. Whether HMG would need

on the form of the agreement.

2 conclude

SALACF

would

an

were

Ч НК теле предопеле own with Japan, it

agreement on its own

RESTRICTED

first need an

entrstment from HMG.

S. Brooks 23