TNAG-2657-FCO40-3850-Extradition-of-Li-Tzu--Chinese-national--from-Switzerland-to-1992 — Page 22

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FACSIMILE DOCUMENT LEADER

38412

FROM NATIONALITY, TREATY AND CLAIMS DEPARTMENT

FOREIGN AND COMMONWEALTH OFFICE

FAX NO: 071 270 4064

This transmission consists of this page + 4

REF No: NTX 384

FROM: E. Bousfield

TO:

Legal Procedures Section

Dr J Mitchener British Embassy Berne

DATE: 28 October

TEL: 071 270 4090

CLASSIFICATION Unclassified

PRECEDENCE

PRIORITY

FAX No:

4131 44 05 83

EXTRADITION: HONG KONG: LI TZU

1.

Further to my telegram No 115, I now attach the correspondence referred to. Please arrange for a Note to go as soon as possible to the Swiss Federal Department of Justice and Police as per the draft set out in paragraph 3 of Mr Hunter's (Hong Kong Attorney-General's Chambers) letter. The line proposed has been agreed by Hong Kong Department (HKD) and the relevant FCO legal advisers.

2. Additionally, HKD have suggested that somewhere in the Note to the Swiss (I would suggest that the end of the fourth paragraph of the draft Note, after "prison system.", might be the most appropriate place) you insert a new sentence as follows:

"The Chinese have already agreed to the continuation beyond 1997 of bilateral agreements signed by Hong Kong which contain the usual clauses restricting the re-surrender of persons extradited under them"

It is hoped that this extra thought might help to tip the balance.

Finally, please send a side copy of your Note to Mr Hunter in Hong Kong, Dr Bunten in HKD and to me. Please also let us know the final Swiss decision on this case.

Regards

E. Bousfield

ccfi w/o encs to Mr Hunter, Hong Kong (A-G Chambers)

Dr Bunten, HKD