CONFIDENTIAL
HKK 19/1.......
Reference..........
Dim x30/4.
147
•
146/
NOTE FOR FILE
1.
Mr Denis Sandberg of the US Embassy called on Friday 26 September to discuss the case of MA SSU TS'UNG, a Thai official who has been indicted in the US for drug offences.
2. The purpose of Mr Sandberg's call was to make an informal approach seeking our agreement to the arrest of Ma in Hong Kong. Ma would be travelling with an official Thai delegation to Peking, via Hong Kong, departing Bangkok September 27 and returning sometime after 1 October. A full background to the case is given in a telegram from the US Embassy in Bangkok to Washington (No. 202 of 27 September). Mr Sandberg said that the US Consul General in Hong Kong would be discussing the case with the Hong Kong Government. He mentioned that there was high level interest in the US in the case, (also adding that the US Government were not particularly pleased that HMG had discontinued their contribution to the UNFDAC.)
3. At the time of Mr Sandberg's call I was unaware that this case had already been reported to Hong Kong by Mr Law from the British Embassy in Bangkok. (See Bangkok telegram No. 108 of 22 August at folio 136). Paragraph 4 of this telegram listed a series of options for apprehending Ma should he enter Hong Kong. However, the US Drug Enforcement Agency in Hong Kong said that they were unwilling to pursue any of these suggestions and the Governor agreed with their assessment. (See Hong Kong telegram No. 51 of 23 August to Bangkok folio 137).
4.
I spoke to Mr Paget in Nationality and Treaty Department about the US/UK Extradition Treaty. He confirmed that the Extradition Treaty covers the Dependent Territories and that if the US made a formal request for the arrest and extradition of Ma we would be obliged to comply with their request. However, it appears from paragraph 4 of the American Embassy's telegram No. 202 that Ma has been indicted for "conspiracy to introduce narcotics into the US". Under the Extradition Treaty any crimes or offences, or attempted offences, in drug trafficking are extraditable offences but conspiracy.is not. As it is not clear from the telegrams under reference whether or not Ma would be travelling on an official or diplomatic passport Mr Paget was unable to give any advice on the question of whether or not Ma would be able to claim diplomatic immunity if arrested.
5. I have also consulted SEAD. Mr Goldsmith said that the arrest of Ma, a Thai official travelling with an official delegation, could for obvious reasons, have strong repercussions on Thai/UK relations and for this reason they would not wish to see Ma arrested.
6. Miss Darling in North America Department said that if we had to tell the US Embassy that we could not comply with their request, she hoped that we at least would be able to give legal reasons as an excuse, which would make us appear less unhelpful than if we turned it down for our own political reasons.
I rang Mr Sandberg this morning pointing out that the DEA Office in Hong Kong had said that they themselves were unwilling to
7.
CODE 18-77
/recommend