CONFIDENTIAL
(3) THE LAWYER SO NOTIFIED HAD A HANDATE AND A CLEAR INTEREST IN KNOWING THE DEVELOPMENT OF THE CASE SO THAT HE COULD DEFEND THE INTEREST OF HIS CLIENTS SO FAR AS POSSIBLE AND IN AN ADEQUATE
MANNER.
(4) ONLY THIS LAWYER CAN SAY WHY HE DID NOT CONTEST THE APPEAL OF THE STATE PROSECUTOR TO THE SUPREME COURT.
(5) THE FUGITIVE CRIMINALS' FORMER LAWYERS IN MACAU WHO HAD ACTED AT THE TIME OF THE TRIAL AT FIRST INSTANCE WERE NOT NOTIFIED OF THE APPEAL TO THE SUPREME COURT.
5. IN THE LIGHT OF THESE EXPLANATIONS AND THE FACT THAT WHAT IS AT ISSUE IS A JUDGEMENT OF THE PORTUGUESE SUPREME COURT, THERE ARE NO GROUNDS ON WHICH I CAN REASONABLY CONCLUDE THAT IT WOULD BE WRONG, UNJUST OR OPPRESSIVE TO SURRENDER THE MEN, AND I PROPOSE TO SIGN THE SURRENDER WARRANTS. BUT THE HEARINGS BEFORE THE MAGISTRATES WERE GIVEN PUBLICITY HERE AND THE CASE COULD GIVE RISE TO
PARLIAMENTARY QUESTIONS.
6. ATTENTION MAY FOCUS ON THE ISSUE IN PARA 2(A) ABOVE, PARTICULARLY IN THE LIGHT OF THE RECENT DECISION TO STATE CLEARLY THE BRITISH NATIONALITY OF BRITISH DEPENDENT TERRITORY CITIZENS AS EVIDENCE OF THEIR RIGHT TO PROTECTION ABROAD: AND ON WHETHER THE PORTUGUESE IN LISBON WERE UNDER ANY OBLIGATION TO THE UK TO NOTIFY ARREST OR APPEAL TO THE SUPREME COURT. ON THE FORMER POINT, SUCH CONTACTS AS HAVE BEEN NECESSARY BETWEEN US AND THE MACAU AUTHORITIES IN
CASES OF THIS KIND HAVE ALWAYS BEEN INFORMAL. ON THE LATTER, WE ARE NOT AWARE OF ANY CONSULAR AGREEMENT BETWEEN PORTUGAL AND THE UK WHICH WOULD COVER THE CASE. NOR WOULD THE ISSUE OF NOTIFICATION SEEM RELEVANT TO MY DECISION ON SURRENDER. 7. WE MAY NEED TO SAY SOMETHING PUBLICLY ON THE QUESTION OF CONSULAR PROTECTION IN RESPONSE TO PRESS QUESTIONS. SUBJECT TO YOUR VIEWS, WE WOULD PROPOSE TO SAY THAT PROTECTION WAS NOT NECESSARY WHILE THE MEN WERE UNDER ARREST IN MACAU SINCE THEY
HAD PROPER LEGAL REPRESENTATION: WE WOULD ADD IF NECESSARY THAT
THE QUESTION DID NOT ARISE DURING THE LEGAL PROCEEDINGS IN LISBON
SINCE THE MEN WERE AT LIBERTY IN HONG KONG. IF ASKED WE WOULD
ALSO SAY THAT WE WERE REVIEWING WHAT ARRANGEMENTS FOR CONSULAR
PROTECTION OF BRITISH DEPENDENT TERRITORY CITIZENS IN HONG KONG
WOULD BE BEST IN FUTURE.
1 Cons Dept
6. A SEPARATE ISSUE WHICH COULD BE RAISED IS THE QUESTION OF HOW
THE MEN'S REMAINING GRIEVANCE CAN BE PURSUED THROUGH THE PORTUGUESE
LEGAL SYSTEM. WE CANNOT ESTABLISH THE ANSWER TO THIS LOCALLY IN THE
TIME AVAILABLE AND I SHOULD BE GRATEFUL IF THE LEGAL ADVISER TO
THE EMBASSY IN LISBON COULD BE ASKED TO PROVIDE URGENT ADVICE ON
THE CHANNELS WHICH MAY BE OPEN TO THE MEN.
9. I SHOULD BE GRATEFUL FOR CONFIRMATION THAT THE LINE IN PARA 7
ABOVE IS ACCEPTABLE IN LONDON, AND FOR THE ADVICE OF THE LISBON
EMBASSY'S LEGAL ADVISER DESKBY 22019OZ.
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YOUDE
LIMITED
SIR J BULLARD
HK+GD
SED
CONS D
LEGAL ADVISERS
NEWSD
NTD
SIR J LEAHY
MR GOODISON MR DONALD
MR URE
CONTSENTIAL