CROWN
BELFAST - 235111
CONFIDENTIAL
2
ROYAL Courts of JUSTICE BELFAST BT1 3JY
Mr C E Garrett
Foreign & Commonwealth Office
Downing Street
LONDON
SW1A ZAH
Dear
Данил
AGREEMENTS BETWEEN THE UK AND HONG KONG
6 December 1993
Thank you for your letter of 30 November 1993 which reached my deak late on
Friday afternoon last, minus the Joint Declaration which could not be sent to
me by facsimile machine. I have not, therefore, seen the Joint Declaration.
The following are my comments. I have done the best I can in the time
available to me. I have suggested changes which could be considered desirable
or appropriate, but I have to leave it to your judgement as to which, if any,
should be suggested for inclusion the Model Treaty and whether they are
realistic, particularly the one on the political offence exemption.
1. CHANGES IN THE MO
TREATY
Before setting out proposals which you might like to consider I have one
comment to make. If the agreement is not deemed to be with The People's
Republic of China (but is with Hong Kong) it seems clear that in order to
bring into effect the terms of the agreement under our domestic law the
territory of Hong Kong would, on 1 July 1997, have to fall within the
definition of "foreign state" contained in section 3 of the Extradition Act
1989 (the 1989 Act) or be capable of being designated as a "designated
Commonwealth country" under section 5(1) of that Act, thus empowering Her
Majesty to make the appropriate Order to Council.
CONFIDENTIAL
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