TNAG-2657-FCO40-3850-Extradition-of-Li-Tzu--Chinese-national--from-Switzerland-to-1992 — Page 26

*

26-OCT-1992 11:06

26-OCT-1992

16:49

FCO N.T.C.D. LONDON

A.G.'S CHAMBERS

律政司

國際法律科

RFØNLIN

ANGREE4 *

TEX: 81710 HKAGC HX

TEMAME : 852-5-8690720

*** Our Ref.:

淶的構號 Your Ref:

*** Tel. No.:

IL/TRE/23/1 XIX

810 2403

071 270 4064

P.02

+852 877 2130

P.02

URGENT

ATTORNEY GENERAL'S CHAMBERS INTERNATIONAL LAW DIVISION

3/F. EAST WING.

CENTRAL GOVERNMENT OFFICES LOWER ALBERT ROAD, HONG KONG.

Telex: 81710 HKAGC HX Fax: 852-5-8690720

26 October 1992

Mr E Bousfield

Legal Procedures Section

Nationality Treaty and Claims Department

Foreign and Commonwealth Office

Dear Mr Bousfield,

Extradition of LI TZU from Switzerland

Attached is a note from the Swiss Federal Department of Justice and Police in relation to Hong Kong's request for the extradition of LI TZU.

AS

2.

The UK/Swiss Extradition Treaty of 1880 does not permit a Requested Party to refuse extradition if guarantees such as those sought by the Swiss in this case are not provided. Hong Kong, in any event, cannot provide both of the yuarantees sought.

îar as the first guarantee is concerned we could, I suppose, say that we will respect the principles of the European Convention on Human Rights, even though the Convention does not apply to Hong Kong.

However, the Repatriation of Prisoners (Overseas Territories) Order 1986 would not permit the repatriation of LI TZU to the United Kingdom.

3.

Provided you see no objection; we would suggest that a reply to the Swiss along the following lines (we have not provided the formal parts of the note) should be sent by the British Ambassador in Berne :

'Requisitions by Hong Kong for the surrender of fugitive offenders from Switzerland are regulated by the provisions of the Treaty signed at Berne on 26 November 1880.