TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 7

CONFIDENTIAL

FM HONG KONG

TO ROUTINE FCO

TELNO 2464

OF 08075OZ OCTOBER 92

CONFIDENTIAL

ih Bunte Good. For

actie, ple

INFO ROUTINE PEKING, OTTAWA, UKREP JLG HONG

R+R

TOP COPY

Q DIST?

RONG

YOUR TELNO 1451: SURRENDER OF FUGITIVE OFFENDERS: HONG

KONG/CANADA.

15

121203

MDLIAN 6972

1. WE AGREE THAT IT WOULD BE PREFERABLE FOR THE UNDERSTANDING IN RELATION TO CHANNELS OF COMMUNICATION TO BE DEALT WITH BY AN INFORMAL EXCHANGE OF LETTERS. POSSIBLE FUTURE COMPLICATIONS WITH THE CHINESE MIGHT BE AVOIDED IF REFERENCES IN THE EXCHANGE OF LETTERS WERE TO BE TO SURRENDER OF FUGITIVE OFFENDERS AND APPROPRIATE AUTHORITY RATHER THAN TO EXTRADITION AND COMPETENT AUTHORITY. THIS WOULD BE CONSISTENT WITH THE WORDING IN THE

INITIALLED HONG KONG/CANADA AGREEMENT.

2. WE SUGGEST THAT THE OPERATIVE PART OF THE CANADIAN NOTE SHOULD ACCORDINGLY READ QUOTE THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF HONG KONG HAVE FOR A LONG PERIOD DEALT DIRECTLY WITH EACH OTHER IN RELATION TO REQUESTS FOR THE SURRENDER OF FUGITIVE OFFENDERS. THE GOVERNMENT OF CANADA WISHES TO OFFICIALLY INFORM THE GOVERNMENT OF THE UNITED KINGDOM THAT THE APPROPRIATE AUTHORITY OF THE GOVERNMENT OF CANADA IN RELATION TO SUCH REQUESTS IS THE DEPARTMENT OF JUSTICE OF CANADA UNQUOTE.

3. THE OPERATIVE PART OF THE U.K. NOTE WOULD READ QUOTE THE GOVERNMENT OF HONG KONG HAS BEEN PROCESSING REQUESTS FOR THE SURRENDER OF FUGITIVE OFFENDERS BETWEEN HONG KONG AND OTHER JURISDICTIONS FOR A NUMBER OF YEARS. THE GOVERNMENT OF THE

UNITED KINGDOM WELCOMES SUCH DIRECT COMMUNICATION. THE APPOINTMENT OF THE APPROPRIATE AUTHORITY IN HONG KONG TO HANDLE SUCH REQUESTS IS A MATTER FOR THE ADMINISTRATION OF HONG KONG. WE UNDERSTAND FROM THE GOVERNMENT OF HONG KONG THAT ITS APPROPRIATE AUTHORITY IS THE LEGAL DEPARTMENT UNQUOTE.

PATTEN

YYYY

PAGE

1

CONFIDENTIAL