TNAG-2587-FCO40-3775-Proposed-extradition-relations-between-Hong-Kong-and-the-UK--1992 — Page 4

CONFIDENTIAL

HONG KONG'S EXTRADITION RELATIONS AFTER 1997

1.

The Background in which Hong Kong will conduct its extradition relations post 1997 is set out in the Joint Declaration and the Basic Law (a Chinese law which will be the constitution of the Hong Kong Special Administrative Region (SAR) ). Put briefly Hong Kong will continue its present legal system, including an independent prosecuting authority, trial by jury etc. The only change will be that instead of the court of last appeal being the Privy Council, a Court of Final Appeal will be established in Hong Kong with local judges and judges from other Common-Law jurisdictions (ie not the PRC). Chinese Law will not apply in Hong Kong apart from a few National Laws eg the laws on the National Flag, National Day and Territorial Seas

2.

We have been negotiating with the Chinese for some time on the establishment Hong Kong's own network of extradition treaties to replace those of the UK which currently apply to Hong Kong and the Commonwealth scheme. It has been agreed that Hong Kong can carry out its own negotiations on the basis of a model treaty. The model treaty is in some aspects

old-fashioned in that it retains the Prime Facie case and the list of extraditable offences. This has been done as Hong Kong hope that it will remain a model for its own rendition agreements with the PRC post-1997.

3. One feature of the agreement reached with the Chinese is that after the transition the SAR's Chief Executive will inform the Chinese central authorities of all requests received or made and they reserve the right to issue instructions if they think an extradition will affect their essential interests.

3. Agreement has been reached with the Chinese for Hong Kong to sign an extradition treaty wit the Netherlands which will continue in force after 1997 (copy attached). Negotiations continue with a number of countries.

4. The UK cannot simply negotiate a similar treaty with Hong Kong since, until 1997, Hong Kong will be its colony. We will need therefore to consider how best to proceed bearing in mind the importance of being able to demonstrate that people surrendered to Hong Kong before the hand-over will not be liable to, for example, re-extradition after 1997 without the UK's consent.

CONFIDENTIAL