TNAG-2583-FCO40-3771-Extradition-agreements-between-Hong-Kong-and-Germany-1992 — Page 7

HKC

Mr Bunten

HKD

38415

$ 190

FROM:

Miss S Brooks

Legal Counsellor

CM

DATE:

1 July 1992

་

SURRENDER OF FUGITIVE OFFENDERS: FRANCE AND GERMANY

1. Entrustments are usually given to the Governor to

negotiate, conclude and implement agreements' in a particular field. Texts of agreements on the surrender of fugitive offenders will be negotiated at the forthcoming discussions between HKG and the French and German Governments. Strictly speaking, an entrustment should be given before these negotiations are begun. But Hong Kong Government are concerned that the issue of an entrustment will lead to difficulties with the Chinese.

2. It is unclear what the Hong Kong Government envisage will happen if and when the Chinese agree to 'formal' negotiations. I suggest we inquire. The actual negotiations on the texts will presumably be over by that time and the 'formal' negotiations will not be negotiations at all. How will the HKG square that with the Chinese?

3.

Some form of authorisation from HMG is required before these negotiations are begun. A compromise would be to telegraph an authorisation agreeing to discussions about draft agreements between the Hong Kong and French Governments and the Hong Kong and German Governments. suggest the following passage for a telegram:

4.

I

'It is agreed that talks may be held with the French and German authorities to discuss future agreements between the Hong Kong Government and the French Government, and the Hong Kong Government and the German Government on the surrender of fugitive offenders'

An entrustment would certainly be required before the draft texts were concluded and implemented.

S Brooks

Shelagh brooks

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