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IMMEDIATE
CONFIDENTIAL
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FM F C O 171238Z
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CONFIDENTIAL
TO IMMEDIATE HONG KONG TELNO 43 OF 17 JANUARY, 1978.
PERSONAL FOR GOVERNOR ONLY FROM MURRAY.
YOUR TELNO 52: HOBLEY'S VISIT.
1. HOBLEY SAW THE DIRECTOR OF PUBLIC PROSECUTIONS AND
HIS DEPUTY WHO DEALS WITH PROSECUTIONS OF POLICE IN ENGLAND.
STEWART AND RUSHFORD WERE PRESENT. THE BASIC ADVICE GIVEN TO
HOBLEY WAS THAT HE WAS BEING A LITTLE TOO SENSITIVE IN APPLYING
HIS ETHICAL CONSIDERATIONS AND THAT HE SHOULD STEEL HIMSELF AND
SELECT ONE OF THE YA-MAU-TI SYNDICATES FOR FIRST PROSECUTION. (THEIR OPINION WAS THAT THE KOWLOON DANGEROUS DRUGS SQUAD WAS PROBABLY THE MOST SUITABLE.) HOBLEY SHOULD NOT BE DETERRED BY THE EXPECTATION THAT ONLY ONE PROSECUTION WOULD BE POSSIBLE BUT GO ON THE BASIS THAT AFTER THE FIRST PROSECUTION THE CONVICTED PROSECUTION WITNESSES WOULD BE WILLING TO GIVE EVIDENCE AT SECOND AND POSSIBLY SUBSEQUENT TRIALS.
2. HOWEVER, THE DPP ACCEPTED HOBLEY'S GENERAL PROPOSITION THAT IT WAS IMPOSSIBLE TO PROSECUTE ALL THOSE ARRESTED IN THE YMT CASE AND THAT IT WAS DESIRABLE THAT AFTER A BATTING ORDER FOR PROSECUTION HAD BEEN ESTABLISHED A LINE BE DRAWN AND THOSE POLICE OFFICERS BELOW THE LINE SHOULD BE RETURNED TO DUTY.
3. THEY AGREED THAT EVEN IF THE PROSECUTION WITNESSES WERE WILLING TO GO ON TESTIFYING, A SERIES OF CONSECUTIVE TRIALS WOULD LAST SO MANY YEARS THAT THE LATER ONES COULD NOT POSSIBLY BE IN THE PUBLIC INTEREST, NOR COMPATIBLE WITH NATURAL JUSTICE.
CONFIDENTIAL
/4. I SAW