布政司署
香港下亞畢道
CONFIDENTIAL
Security Branch
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD HONG KONG
*** Our Ref.: SBCR 5/1/2716/80
來函擋號 Your Ref.:
384/2
RECEIVED IN REGISTRY
13 JAN 1993
1 January 1993
RAJ Bunten Esq
Hong Kong Department FCO
Dear Rod,
DESK OFFICER INDEX
REGISTRY
PA
Action Taken
BY FAX
US Interest in Hong Kong/Malaysia Agreement for the Surrender of Fugitive Offenders
Thank you for your letter of 7 January. LO(IL) and I agree that We should not/not pass a copy of the above initialled Agreement (or the accompanying exchange of letters) to the Americans until the Chinese have indicated they are content with the. This is the line we took with the US Consulate-General bere in response to a similar request which they made. However, we have no objection to the Americans being briefed confidentially on how we handled the two areas in which they have expressed particular interest.
Indeed, this could be helpful to our own negotiations with them. We suggest that Michael Snell in Washington could speak to Harry Marshall at Justice along the following lines.
2.
The initialled Agreement allows both parties to refuse to surrender their own nationals. In the case of Hong Kong, this means nationals of the state whose Government is responsible for its foreign affairs. Where the surrender of a national is refused, the other party may request that the be submitted to the competent authorities of the requested party in order that proceedings for prosecution of the person may be considered. The relevant provisions in the Malaysian Agreement are very similar to the equivalent provisions in our Agreements with the Netherlands, Canada and Australia.
case
3.
The problem relating to the death penalty was exceedingly difficult to solve but we have managed to agree a package with the Malaysians along the following lines. There is no mention of the death penalty at all in the Agreement
CONFIDENTIAL
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pa
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