TNAG-2657-FCO40-3850-Extradition-of-Li-Tzu--Chinese-national--from-Switzerland-to-1992 — Page 17

1

1992-11-03 10:47 BRITISH EMBASSY BERN

031 44 05 83

03

In addition, the Joint Declaration provides that the

provisions of the International Covenant on Civil and Political Rights as applied to Hong Kong shall remain in force. The Hong Kong Bill of Rights Ordinance of 1991 incorporated into the law of Hong Kong provisions of the International Covenant on Civil and Political Rights,

including its Article 10. A reservation to the Covenant to the effect that persons lawfully detained may be subject

to such lawful restrictions as are necessary for custodial discipline is incorporated in the Hong Kong Bill of Rights Ordinance. As you are aware the International Covenant provides sufficient guarantees of prisoner's rights,

LI TZU could not be repatriated to the United Kingdom under existing law. Nor would it be reasonable for the United

Kingdom to allow all fugitives who have been surrendered to Hong Kong and sentenced to a term of imprisonment there to

serve their sentences in the United Kingdom.

The Hong Kong authorities trust that, with these explanat lunt, the Swiss authorities will permit Hong Kong's request for the return of LI TZU to proceed in accordance with the terms of the

Treaty.

Her Britannic Majesty's Embassy avail themselves of this

opportunity to renew to the Federal Department of Justice and

Police the assurances of their highest consideration.

BRITISH EMBASSY

BERNE

28 October 1992

M