CONFIDENTIAL
CRS 205
CONFIDENTIAL
HKK 243/1
DECKDY 2001002
FM FCO 2815002 JUN 02
TO INMEDIATE HONG KONG
TELECRAN NUMBER 409 GF 28 JUNE.
RECOIVID
RY NO. 51
NO
CaE
29/6/AF?
MY TELNO 402 AND TELECON EDWARDS/GRIFFITHS: VIETNANESE PEFUCEEO.
1.
LECAL ADVISERS DO NOT (NOT) CONSIDER THAT THE INCLUSION OF
ARTICLE (4) OF THE COVENANT IN THE LEGISLATION WOULD, OF ITSELF, DE SUFFICIENT. A COURT, REVIEWING THE LAWFULNESS OF AN ARREST OR DETENTION, MUST BE ABLE TO TAKE INTO ACCOUNT ALL THE RELEVANT SUBSTANTIVE FACTORS TO DETERMINE WHETHER THE DEPRIVATION OF
LIBERTY IS CONSISTENT WITH THE PROVISIONS OF THE COVENANT.
200
2. HOWEVER, WE ACCEPT THAT THE LEGISLATION SHOULD NOT BE HELD UP. WE BELIEVE NEVERTHELESS THAT IT WOULD BE HELPFUL, AS A FIRST
STEP, TO INCLUDE IN THE LEGISLATION A PROVISION ON THE LINES OF ARTICLE 9(4) OF THE COVENANT. PUT IN VIEW OF ARTICLE 2(3) OF
THE COVENANT YOU MAY WISH TO MAKE A STATEMENT THAT YOU ARE REVIEWING
THE ADEQUACY OF THE PROCEDURES FOR TESTING THE LAWFULNESS OF
APREST AND DETENTION IN THIS AREA AND THAT AN AMENDMENT
WILL DE INTODUCED AG 3001 AS FOOO!BLE SHOULD IT DE CONSIDERED
NECESSARY.
3. WE CONSIDER THAT YOU ARE BETTER PLACED THAN US TO DECIDE WHAT,
IR LOCAL CIRCUNSTNACES, WOULD BE THE MOST PRACTICAL PROCEDCURE
FOR JUDICIAL REVIEW IN THESE CASES WHICH WOULD DE CONSISTENT
WITH THE VARIOUS RELEVANT PROVISIONS OF THE COVENANT, IN PARTICULAR
ARTICLES (3) AND 2(4). A COPY OF THE JUDGMENT OF THE EUROPEA?
COURT OF HUMAN RIGHTS IN THE CASE OF X V UK IS BEING SENT TO
GRIFFITHS BY REGISTERED AIRMAIL.
35
149
15
153
212.
coped
Corte UND
Pas 2916
PYM.
LIMITED
HK & GD
SEAD
UND
NEWS D
LEGAL ADVISERS PS.
PS/LORD BELSTEAD
PS/PUS
MR GIFFARD
MR DONALD
CONFIDENTIAL