TNAG-2880-FCO40-4152-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 75

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NEGOTIATION OF A UK/HKSAR AGREEMENT ON SURRENDER OF_FUGITIVE OFFENDERS (SOFO): RECORD OF MEETING

INDEX

alon Taker

Present

حب

10/12

Miss Shelagh Brooks, Legal Advisers

Mrs Sally Evans, Home Office Legal Advisers

Ms Alison Rutherford, Home Office

Mr David Goodwin, NTCD

Mr Charles Garrett, Hong Kong Department

Ms Wendy Wyver, Hong Kong Department

Background

1.

Miss Brooks said that Hong Kong is very anxious to negotiate such an agreement to come into force on 1 July 1997. A danger that existing parallel legislation may be amended or repealed after 1997. Moreover, a series of such bilateral agreements would establish the rights and obligations of the Hong Kong Special Administrative Region (HKSAR) in international law. Possibility of such agreements allowed for under Article 71 of Joint Declaration, which states "the Central People's Government (CPG) shall authorise the HKSAR Government to make appropriate arrangements for reciprocal juridicial assistance with foreign states",

2.

•

This agreement is one of four to be negotiated in December, along with " Reciprocal Enforcement of Judgements", "Mutual Legal Assistance" & "Investment Promotion & Protection Agreements". These wil have to be approved by the Chinese in the Joint Liaison Group (JLG) A model treaty is first agreed in the JLG, then an agreed list of negotiating partners and finally specific initialled texts negotiated with those partners are given JLG approval. As the Chinese are likely to see Hong Kong Government as an unequal partner in negotiations with UK, the chances of getting UK/HKSAR MLA agreement approved are greater if it stays close to the model text. Three SOFO treaties gave been signed so far, with the Netherlands, Canada and Australia, and several others have

been initialled.

General Discussion

3.

Ms Rutherford said that the Home Office perceived a difficulty of some substance in negotiating a SOFO treaty with Hong Kong. Section 3 of the Extradition Act 1989 only allows them to give domestic effect to extradition agreements which have been concluded, inter alia, with "foreign states". Hong Kong will not recome a foreign state in 1997, but part of the Peoples' Republic of China (PRC). This is a foreign state, but will not be party to the proposed new arrangement. The 1989 Act does not envisage the UK concluding an agreement with

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