GPS 150
PRIORITY
CYPHER/CAT A
FM HONG KONG 290305Z
CONFIDENTIAL
CONFIDENTIAL
RECEIVED IN REGISTRY No.52
29 JUL 1974
10XK(14/3
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TO PRIORITY FCO TELNO 790 OF 29 JULY. 1974.
YOUR TELEGRAM NO 685: GODBER.
PLEASE INSTRUCT RUSSELLS TO OPPOSE APPLICATION FOR ADJOURNMENT
AS VIGOROUSLY AS POSSIBLE. WE CONSIDER CASE MAY BE GRAVELY
PREJUDICED BY FURTHER DELAY.
2. THE HEARING BEFORE THE MAGISTRATE IS NOT A TRIAL AND DETAILS
AS TO THE NATURE OF THE EVIDENCE WHICH IS BEING SOUGHT AND ITS
RELEVANCE SHOULD BE GIVEN BEFORE AN ADJOURNMENT IS CONSIDERED.
THERE APPEARS LITTLE ADVANTAGE IN HAVING THE CROWN CASE DEALT WITH
FIRST IF THE DEFENCE IS THEN GRANTED AN ADJOURNMENT TO PRESENT
ITS EVIDENCE.
3. DEFENCE HAS BEEN GIVEN OVER TWO MONTHS TO PREPARE ITS CASE
AND THIS SHOULD BE AMPLE. IF PART OF DEFENCE IS THAT A FAIR TRIAL IS IMPOSSIBLE IN HONG KONG BECAUSE OF PUBLICITY AND EVIDENCE IS
BEING SOUGHT TO SHOW THIS, MAGISTRATE SHOULD BE ADVISED THAT TRIAL WILL BE IN DISTRICT COURT WITH JUDGE ALONE. THIS SUBMISSION IS NOT
IN OUR VIEW RELEVANT BEFORE MAGISTRATE ANYWAY. WE AGREE WITH YOUR
REMARKS ABOUT CHENG AND HUNT IS DUE TO BE RELEASED FROM PRISON
ON 15 OCTOBER. GUNSTON IS PROBABLY AWARE OF THAT.
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