PRIORITY
CYPHER/CAT A
GRPS 330
FM HONG KONG 240340Z
CONFIDENTIAL
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COPY
CONFIDENTIAL
TO PRIORITY F C O TELNO 949 OF 24
HONGAID.
AUGUST, 1973. INFO PRIORITY
FUGITIVE OFFENDERS.
1.
169
RECENTLY PENDRY AND CUNNINGHAM, TWO VISITING M.P.S., ASSERTED THAT, ON THEIR RETURN TO ENGLAND, THEY WOULD BE PREPARED TO SUPPORT SUCH AMENDMENTS TO THE FUGITIVE OFFENDERS ACT, AS WOULD ENABLE OFFENDERS AGAINST SECTION 10 OF THE PREVENTION OF BRIBERY ORDINANCE TO BE RETURNED HERE FOR TRIAL.
2. THIS SUGGESTION HAS BEEN FOLLOWED UP BY LETTERS IN THE PRESS WRITTEN BY TWO PROMINENT LOCAL LAWYERS, ALTHOUGH I APPRECIATE THAT THERE ARE SUBSTANTIAL GROUNDS ON WHICH THE OPERATION OF THE ACT IS RESTRICTED, THE PRESENT SITUATION, AS I REPORTED IN TELEGRAM 839, IS SO DAMAGINGLY MISUNDERSTOOD BY MOST LOCAL PEOPLE THAT
I HOPE YOU WILL AGREE TO GIVE URGENT CONSIDERATIONS TO THE PROPOSAL.
3. THERE SEEM TO BE TWO WAYS IN WHICH THE OBJECT COULD BE
ACHIEVED. FIRSTLY BY REMOVING THE RESTRICTION THAT AN OFFENCE
IN A DEPENDENT TERRITORY MUST BE ONE KNOWN TO U.K. LAW
OR SECONDLY BY PROVIDING THAT, (AS IN THE CASE OF EIRE) A WARRANT
ISSUED BY A MAGISTRATE HERE NEED ONLY BE BACKED BY A MAIGSTRATE
IN ENGLAND AND COULD THEREUPON BE EXECUTED.
4. AS H.M.G. HAS THE POWER OF DISALLOWANCE IN RELATION TO THE LAWS
OF DEPENDENT TERRITORIES, THERE WOULD BE NO DANGER OF THE USE OF THE ENHANCED POWERS IN RELATION TO OFFENCES OF AN OBJECTIONABLE
CHARACTER.
5. APART FROM THE PREVENTION OF BRIBERY ORDINANCE, THERE ARE OTHER OFFENCES, NOT KNOWN TO U.K, LAW, FOR WHICH WE MIGHT WANT AN ACCUSED TO BE RETURNED E.G. AN OFFICE BEARER OF A TRIAD SOCIETY,
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