TNAG-2581-FCO40-3769-Extradition-agreements-between-Hong-Kong-and-Canada-1992 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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MDLIAN 6972-

697,2:

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TO ROUTINE FCO

TELNO 375

OF 072138Z OCTOBER 92

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INFO ROUTINE HONG KONG, PEKING, UKREP JLG HONG KONG

YOUR TELNO 1451 TO HONG KONG: EXTRADITION: HONG KONG/CANADA

DHC HAS BRIEFLY DISCUSSED TUR WITH DEA'S DIRECTOR FOR NORTH

ASIA RELATIONS.

1.

2. WATERFALL'S PRELIMINARY REACTION WAS THAT OUR PROPOSALS SOUNDED SENSIBLE BUT THAT DEA LEGAL EXPERTS SHOULD ALSO BE CONSULTED.

BAYNE

HE UNDERTOOK TO PURSUE. WE WILL ADVISE FURTHER ASAP.

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TELNO 1451

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INFO ROUTINE PEKING, UKREP JLG HONG KONG, OTTAWA

075424 MDLOAN 7542

YOUR TELNO 3424 OF OCTOBER 1991:EXTRADITION:HONG KONG/CANADA

1.

WE HAVE RECEIVED A LETTER FROM THE CANADIAN HIGH COMMISSION REQUESTING AN EXCHANGE OF NOTES TO CONFIRM THAT THE EXISTING CHANNEL OF COMMUNICATION BETWEEN HONG KONG AND CANADA DIRECT IS APPROVED BY BOTH GOVERNMENTS (COPY BY FAX TO CAB, HONG KONG AND OTTAWA).

2. THE OPERATIVE PART OF THE CANADIAN NOTE WOULD READ QUOTE THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF HONG KONG HAVE FOR A LONG PERIOD DEALT DIRECTLY WITH EACH OTHER IN REGARDS TO RENDITION REQUESTS. THE GOVERNMENT OF CANADA WISHES OFFICIALLY TO INFORM THE GOVERNMENT OF THE UNITED KINGDOM THAT THE COMPETENT AUTHORITY OF THE GOVERNMENT OF CANADA IN RENDITION REQUESTS FROM THE GOVERNMENT OF HONG KONG IS THE DEPARTMENT OF JUSTICE OF

CANADA.UNQUOTE.

3. WHILE PARAGRAPH 7 OF TUR REFERS TO THE HIGH COMMISSION

SENDING A QUOTE NOTE UNQUOTE WE NOT WOULD WISH TO CREATE THE IMPRESSION THAT WHO YOU DESIGNATE AS A COMPETENT AUTHORITY REQUIRES THE APPROVAL OF THE SOVEREIGN POWER. GIVEN THE POST 1997 IMPLICATIONS WE THEREFORE THINK SUBJECT TO YOUR VIEWS THAT IT WOULD BE PREFERABLE FOR THIS UNDERSTANDING TO BE RECORDED MORE INFORMALLY IN AN EXCHANGE OF LETTERS EITHER HERE OR BETWEEN OTTAWA AND THE CANADIAN MFA RATHER THAN IN A THIRD PERSON NOTE. WE SUGGEST THE OPERATIVE PART SHOULD READ AS FOLLOWS: QUOTE THE GOVERNMENT OF HONG KONG HAS BEEN CONDUCTING EXTRADITION AND RENDITION REQUESTS DIRECT WITH FOREIGN AND COMMONWEALTH COUNTRIES FOR A NUMBER OF YEARS. THE GOVERNMENT OF THE UNITED KINGDOM WELCOMES SUCH DIRECT COMMUNICATION. THE APPOINTMENT OF THE COMPETENT 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 THE COMPETENT AUTHORITY OF THE GOVERNMENT OF HONG KONG IN RENDITION REQUESTS FROM THE GOVERNMENT OF CANADA IS THE ATTORNEY GENERAL'S CHAMBERS (LEGAL DEPARTMENT?) OF THE GOVERNMENT OF HONG KONG. UNQUOTE.

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