Hong Kong (Hansard, 30 October 1989)

§ Mr. Chris Smith
To ask the Secretary of State for Foreign and Commonwealth Affairs what arrangements he now proposes to enter into with the People's Republic of China in relation to his legal and treaty obligations to prisoners extradited to Hong Kong and in prison there in June 1997; and if he will make a statement.

§ Mr. Maude
The joint declaration makes provision for us and the Government of the People's Republic of China to ensure the continued application of international rights and obligations affecting Hong Kong. The Chinese authorities have agreed that before 1997 we should authorise Hong Kong to conclude its own extradition agreements, designed to continue in force after 30 June 1997. These agreements will contain traditional safeguards for fugitive criminals. In addition, Hong Kong's domestic law will continue to provide traditional safeguards for fugitive criminals.

§ Mr. Chris Smith
To ask the Secretary of State for Foreign and Commonwealth Affairs what specific arrangements and safeguards have been agreed with the Peole's Republic of China in relation to prisoners in Hong Kong gaols at the time of the transfer of sovereignty in 1997; and if he will make a statement.

§ Mr. Maude
Persons in prisons will be the responsibility of the Hong Kong authorities then as they are now. The prisoners will continue to be treated in accordance with Hong Kong's own criminal laws and legal system. No specific arrangements have been agreed.

§ Mr. Chris Smith
To ask the Secretary of State for Foreign and Commonwealth Affairs whether, in the light of the provision in the law of the People's Republic of China that allows any person to call for the retrial of convicted persons, he has taken or proposes to take steps to protect prisoners in Hong Kong in 1997 from the use of this law against them; and if he will make a statement.

§ Mr. Maude
Under the provisions of the joint declaration and the draft Basic Law, Hong Kong will retain its own separate criminal laws and legal system after 1997. Annex III of the Basic Law specifies six Chinese national laws which will be extended to Hong Kong after 1997. The law mentioned in the question is not one of them.

§ Mr. Chris Smith
To ask the Secretary of State for Foreign and Commonwealth Affairs what steps he has taken to ensure that prisoners extradited from the United Kingdom to Hong Kong and in gaol at the time of the transfer to sovereignty, will be able to leave the colony at the end of their sentence; and if he will make a statement.

§ Mr. Maude
The freedom of all persons to leave the future special administrative region, if they have valid 59W travel documents, is established by the joint declaration. The draft basic law reflects the joint declaration in this respect.