TNAG-2988-FCO40-3398-Future-of-Hong-Kong-mutual-legal-assistance-1991 — Page 30

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1. March 1991

1. ck

Mr Dance

NTCD

/

V Miss Brooks, hegal Advisers Grateful for your views on the post script.

coordinating a reply on the rest.)

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Return.

AKS

1214

Our reference: Your reference:

Andrew Soper, Esq

Economic Relations Department

King Charles Street

LONDON, SW1

Foreign and Commonwealth Office

2.

Dear Andrew,

Reply out RePA

CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990: IMPLEMENTATION OF PART I (MUTUAL ASSISTANCE)

As you will realise, we are moving towards the implementation of Part I of the 1990 Act, the current target date for this being early June. We are currently working on the procedural guidance which our caseworking staff will need in running the provisions, and it is in respect of one aspect of this that I should welcome your advice.

This concerns potentially sensitive cases.

Requests could be sensitive for one of two main reasons: either because of special features associated with the case, or because of the country which is the subject of the proposed co- operation. The most obvious example of the first would be if the United Kingdom were asked for assistance which could lead, directly or indirectly, to the imposition of the death penalty in the requesting country. The general view we have taken is that a potential capital sentence is not a consideration where the general provision of assistance is concerned, as it would be in extradition requests: that is the broad line agreed between our two Departments in respect of the American MLAT. We suspect, however, that Ministers would at least wish to be aware of any proposal to provide material assistance in cases likely to lead to the imposition of a death penalty, particularly if it were a British national facing the charges. Our caseworkers will be instructed that Ministers should be consulted in any such case; I imagine that FCO would also wish to be aware of any proposal to refuse assistance for reasons of this kind?

Our other concern is over the implications of giving assistance to certain countries or, indeed, of seeking

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/assistance from

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