SECRET
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
FROM HONG KONG (Sir R. Black)
Simplex D. 11th March, 1958,
R. th
12.00 hrs,
SECRET
No.220
FAR EASTERN 12 MAR 1958 REGISTRY SECTION
Addressed S. of S. Repeated
Peking No.66 (S. cf S. please pass).
My immediately preceding telegram.
Kowloon Walled City.
Following is an abbreviated analysis of the arguments for and against deportation and for and against prosecution.
A.
(b)
Prosecution
a) Arguments in favour,
(i) It would be the correct course to take in any other
circumstances involving a murder.
ii) It would not undermine confidence in the ability of
Government to maintain law and order according to the basic principles of British justice.
(iii) It would do nothing to weaken Government's position on
the jurisdiction issue in Kowloon Walled City.
(iv) It might lead to an opportunity to clean up the Walled
City once and for all.
(v) The Chinese Government appear to be unlikely to want to press any issue to extremes at this juncture, though they will presumably exploit every issue to maximum propaganda advantage.
Arguments against.
(i) Chan Hing has himself indicated that he would invoke the jurisdiction issue in his defence and it must be expected that any defending counsel would use ito
?
ii) The presecution would therefore be obliged to invoke the 1899 Royal Order in Council, which however valid in the domestic court, is, as advice given in 1948, of questionable validity internationally,.
9
D
(iii) Unless the 1948 advice can now be reversed, H.M.G.
in the United Kingdom might not be able to support this legal position in the last resort,
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