§ Mr. Ashdownasked the Secretary of State for the Home Department (1) what is his policy towards seeking assurances on the imposition of the death penalty from the People's Republic of China on behalf of fugitives returned to Hong Kong, on the warrant of the Secretary of State, who may be surrendered to the People's Republic of China on 30 June 1997; and if he will make a statement;
(2) what is his policy towards seeking assurances on the imposition of the death penalty from the Governor of 125W Hong Kong on behalf of fugitives returned to Hong Kong on the warrant of the Secretary of State, who may be surrendered to the People's Republic of China on 30 June 1997; and if he will make a statement;
(3) if, in the exercise of his discretion under section 9(4) of the Fugitive Offenders Act 1967, he takes account of the sentencing policies of any state to whom it is likely a fugitive may be surrendered by a requesting state; and if he will make a statement.
§ Mr. John PattenSection 9(4) of the Fugitive Offenders Act 1967 provides discretion not to order the surrender of a fugitive accused or convicted of an offence not punishable with the death penalty in Great Britain, if the death penalty could be imposed on that person in the requesting Commonwealth country or dependency. It is the practice in such cases to seek an assurance, before surrendering the fugitive, that the death penalty will not be carried out. In the case of the return of a fugitive to Hong Kong such an assurance would be sought from the Governor. Extradition arrangements after 1997 must be the subject of consultation with the Chinese Government. The United Kingdom has no extradition treaty with China and therefore it is not possible to extradite a fugitive to that country.