CONFIDENTIAL
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CYPHER CAT A
GRPS 250A
FM SAIGON 199345Z
CONFIDENTIAL
RECEIVED IN
REGISTRY No.52]
19 MAR 1974
НКК HKK14/0
TO ROUTINE GOVERNOR HONG KONG TELNO 11 OF 19 MARCH, 1974
INFO TO ROUTINE FCO.
MY TELEGRAM NO. 16: LY HAN.
1. DEPUTY DIRECTOR FOR CONSULAR AFFAIRS HAS
NOW TOLD US THAT THE MINISTRY OF THE INTERIOR
HAVE NO INFORMATION ON LY HAN AND SO FAR AS
THEY KNOW HE IS NOT CLASSIFIED AS A DESERTER.
2. THE POSITION IS THEREFORE THAT, AS HE
LEFT VIETNAM ILLEGALLY, HE WOULD BE TAKEN INTO POLICE CUSTODY ON HIS RETURN, PENDING A DECISION ON HIS STATUS. IF THE FACTS REVEALED THAT HE WAS A DESERTER, HE WOULD BE TRIED BY A MILITARY COURT AND THE SENTENCE WOULD DEPEND UPON THE CIRCUMSTANCES OF HIS DESERTION, E.3. RUNNING AWAY IN THE FACE OF THE ENEMY WOULD CARRY A HEAVIER SENTENCE THAN LEAVING A NON-COMBATANT POST. IT IS IMPOSSIBLE TO PREDICT THE LIKELY SENTENCE WITHOUT FULL KNOWLEDGE OF THE FACTS.
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ASSUMING THAT HAN DID NOT DESERT IN THE FACE ON THE ENEMY, HE WOULD BE LIABLE TO IMPRISONMENT FOR UP TO A MAXIMUM OF SIX YEARS. THE MILITARY CODE APPLICABLE IN THE PRESENT WAR CIRCUMSTANCES DOES PROVIDE FOR THE DEATH SENTENCE IN RESPECT OF DESERTION IN THE FACE OF THE ENEMY, BUT OUR LEGAL ADVISER BELIEVES THAT THE DEATH SENTENCE HAS BEEN APPLIED IN VERY FEW OF SUCH CASES IN RECENT YEARS. (SEE ALSO SAIGON TEL NO 409 OF 27 DECEMBER 1973).
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