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Hong Kong

Volume 116: debated on Thursday 14 May 1987

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asked the Secretary of State for Foreign and Commonwealth Affairs (1) what stage the discussion and negotiations with the People's Republic of China have reached with regard to the Fugitive Offenders Act (Hong Kong) Order 1967;(2) if he will make a statement on the timetable for enacting legislation with regard to the Fugitive Offenders Act (Hong Kong) Order 1967;(3) what is his intention regarding the application of safeguards embodied in the Fugitive Offenders Act (Hong Kong) Order after the termination of British sovereignty and jurisdiction;(4) what safeguards will be contained within the terms of Fugitive Offenders Act, disregarding the external relations provisions of section 2.2

(a), after the termination of British sovereignty and jurisdiction over Hong Kong;

(5) what information he has as to what amendments to the People's Republic of China constitution halve been agreed in order that for the purposes of extradition Hong Kong will not be deemed a colony of the People's Republic of China;

(6) whether the safeguards embodied in the Fugitive Offenders Act (Hong Kong) Order will be formalised in treaty form with the People's Republic of China;

(7) what guarantees have been agreed on behalf of the new sovereign power regarding post-custodial treatment of any person extradited to Hong Kong under the provisions of the Fugitive Offenders Act;

(8) whether the localisation of all legislation that is presently derived from the United Kingdom includes power to amend the Fugitive Offenders Act (Hong Kong) Order prior to 1997;

(9) what information he has as to whether the proposed amendment to the constitution of the People's Republic of China is to include a reference to the speciality principle.

The arrangements currently in force in respect of Hong Kong as regards the return of fugitive offenders to and from the territory cannot subsist in their present form, beyond the resumption by China of sovereignty over Hong Kong in 1997. We are considering what action would be appropriate to ensure that suitable arrangements can continue in force in respect of Hong Kong after that date. The continuity after 1997 of such arrangements affecting Hong Kong will require consultation with the Chinese Government.