CONFIDENTIAL
HOME OFFICE
Queen Anne's Gate London SW1H 9AT
Direct line 071-273
3030
Switchboard 071-273 3000
RJ Bunten Esq
Hong Kong Department FCO
King Charles Street
Please reply to The Under Secretary of State
Your reference
Our reference
Date
LONDON SW1 2AH
17 August, 1993
370/6
93
Takeni
Dear Rod
PROCEDURES FOR NOTIFICATION: SURRENDER OF FUGITIVE OFFENDERS AND MUTUAL LEGAL ASSISTANCE
Thank you for copying to us your recent exchanges with Hong Kong, on which you asked for comments by close of play tonight. I have consulted our Legal Adviser's Branch, and this letter reflects their views.
2. On the basis that the proposal would apply only in respect of Hong Kong's new arrangements, and not to UK-derived procedures, and that the UK's own extradition dealings with Hong Kong will not be affected, the Home Office would not wish to object to proceeding as proposed in James Hanratty's letter of 13 August.
3. If it had been the case that our current traffic with Hong Kong were to be subject now to the notification arrangements, we would have been concerned that steps should be taken to safeguard "the Secretary of State" from accusations of acting as both judge and jury, particularly in the case of extradition, having the power of decision over both the making and the granting of requests. I do not know enough about Hong Kong's current extradition practice to comment on whether the FCO might find themselves in a similar difficulty in respect of the colony's current extradition relations with other states: it may be that the caveats in James Hanratty's paragraph 2(a) offer sufficient safeguards.
Yours sincerely Arison Rutherford
ALISON RUTHERFORD
CONFIDENTIAL
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