D
G 430 PRIORITY
CYPHER CAT A
FM HONG KONG 051531Z
CONFIDENTIAL
CONFIDENTIAL
H.KK 382./16
-NO 1977
See 115
No
تكبر
TO PRIORITY FCO TELNO 1093 OF 5 NOVEMBER 1977
INFO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON.
PARAGRAPH 5 OF MI PT.
THE COMMISSIONER'S WRITTEN REPLY OF 4TH NOVEMBER CONFIRMED.
THAT THE NECESSARY ACTION WAS BEING TAKEN TO FORM A JUNIOR
POLICE OFFICERS ASSOCIATION.
2. THE COMMISSIONER ALSO MADE THE FOLLOWING COMMENTS ON THE MATTERS RAISED IN THE ORIGINAL ''PETITION'' OF 26TH OCTOBER 1977(SEE MY TELNO 1871 OF 28TH OCTOBER) :
(A) THE SENTENCE ON A CONVICTED DRUG TRAFFICKER SUSPECTED OF BEING USED BY ICAC AGAINST POLICE OFFICERS IN A CORRUPTION
INVESTIGATION HAD BEEN REDUCED ON APPEAL FROM EIGHTEEN YEARS
TO ELEVEN YEARS. BUT SENTENCES WERE ENTIRELY A MATTER FOR THE
COURTS. THE WEIGHT GIVEN TO THE FACT THAT ASSISTANCE HAD BEEN
GIVEN BY A CONVICTED PERSON WAS NOT SOMETHING THAT WAS ARRANGED
BETWEEN THE CROWN AND THE JUDICIARY.
A DECISION BY THE CROWN TO CALL A WITNESS WHO HAS BEEN
INVOLVED IN CRIMINAL ACTIVITY IS ONLY TAKEN AFTER FULL
CONSIDERATION OF ALL THE CIRCUMSTANCES AND PROVIDED THE CROWN
IS SATISFIED THAT THE DEMANDS OF JUSTICE REQUIRE THIS COURSE
OF ACTION. SOMETIMES SUCH WITNESSES HAVE TO BE USED BY POLICE.
(B) THE ICAC OPERATES WITHIN THE FRAMEWORK OF THE LAW, PERSONS ARE NOT ARRESTED UNLESS THERE ARE REASONABLE GROUNDS. HOWEVER
THE NATURE OF THE CRIME OFTEN NECESSITATES PROTRACTED ENQUIRIES
AFTER INITIAL ARREST. THE COMMISSIONER ICAC HAS GIVEN RE- ASSURANCE THAT EVERY EFFORT IS MADE TO BRING ABOUT A SPEEDY
CONCLUSION TO ENQUIRIES. NO PERSON CAN BE PUT ON BAIL AGAINST
HIS WILL.
CONFIDENTIAL
1(c)