TNAG-2832-FCO40-4085-Aviation-security-in-Hong-Kong-1993 — Page 5

the 1973 Extradition Order and all similar Orders will lapse on 30

June 1997, and discussions have therefore taken place between the

British and Chinese sides on the legal arrangements for the

surrender of fugitive offenders to and from Hong Kong after that

date. A consultation paper on the British side's proposal for a

Surrender of Fugitive Offenders Bill was handed over to the Chinese

side on 8 January 1993. If local legislation on the surrender of

fugitive offenders is in place when the localising Bill now proposed

by the British side is introduced, provisions will be included in

the Bill to repeal the 1973 Extradition Order and to bring offences

under the localising Ordinance within the scope of the localised

fugitive offenders legislation. If such legislation is not in place

when the localising Bill is introduced, the Bill will, as a

temporary measure, include an amendment to the 1973 Extradition

Order so that it will apply to offences under the localising

Ordinance rather than under the 1973 Act.

10.

As mentioned in para. 2 above, the 1973 Act added the

offences in relation to the safety of aircraft to the Fugitive

Offenders Act 1967. That Act governs the surrender of fugitive

offenders to and from Commonwealth jurisdictions and is applied to

Hong Kong by the Fugitive Offenders (Hong Kong) Order 1967 ("the

1967 Order"). The 1967 Order will also lapse on 30 June 1997 as

part of the law of Hong Kong but will continue to apply until

replaced by the local legislation on the surrender of fugitive

offenders referred to in para. 9 above. If that legislation is in

place when the localising Bill now proposed by the British side is