CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO DESKBY 231100Z FCO
TELNO 689
HKB 400 /\
RECEIVED IN REGISTRY
OF 230945Z FEBRUARY 90
ORMAR 1990
INFO DESKBY 23140OZ CARACAS
TOP COPY @ DIST ?
55
174743 MDHIAN 8318
INFO IMMEDIATE PEKING
46.
FCO TELNO 390: ALLEGATION OF CORRUPTION AGAINST ACTING CONSUL- GENERAL OF VENEZUELA, GONZALO RAMIREZ CALLES
1. IN THE LIGHT OF GUIDANCE IN TUR, CONSIDERATION IS BEING GIVEN BY THE INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC) TO SEEK WARRANTS FROM THE COMPETENT JUDICIAL AUTHORITY TO ARREST RAMIREZ AND TO SEARCH HIS PRIVATE PREMISES. ICAC INTENDS TO SEEK SUCH WARRANTS LATE ON 26 OR 27 FEBRUARY.
2.
EVIDENCE AVAILABLE TO ICAC AT THIS TIME SUGGESTS THAT RAMIREZ HAS ACCEPTED CORRUPT PAYMENTS IN EXCESS OF HK DOLLARS ONE POINT FOUR MILLION SINCE JULY 1989 FOR ISSUING VISA TO PRC APPLICANTS. AN ACCOMPLICE HAS INDICATED TO ICAC THAT VISA APPLICATIONS IN BULK WERE SUBMITTED TO RAMIREZ WHO RECEIVED BETWEEN US DOLLARS ONE THOUSAND TO TWO THOUSAND FOR EACH VISA. THE OFFICIAL CHARGE FOR
SUCH A VISA IS US DOLLARS TEN.
3.
IF ARRESTED, THE POSSIBLE CHARGE AGAINST RAMIREZ WILL BE ACCEPTING CORRUPT PAYMENTS UNDER SECTION 9 OF THE PREVENTION OF BRIBERY ORDINANCE (CAP 201). THE MAXIMUM SENTENCE UNDER SECTION 9
OF THE ORDINANCE IS SEVEN YEARS.
4.
ARTICLE 41 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS STATES THAT CONSULAR OFFICERS SHALL NOT LIABLE TO ARREST EXCEPT IN
THE CASE OF A GRAVE CRIME. SECTION TWO OF THE CONSULAR RELATIONS ORDINANCE (CAP 259) DEFINES A GRAVE CRIME AS MEANING ANY OFFENCE PUNISHABLE CON A FIRST CONVICTION) WITH IMPRISONMENT FOR A TERM THAT MAY EXTEND TO FIVE YEARS OR WITH A MORE SEVERE SENTENCE.
5. LEGAL ADVISERS TO THE HONG KONG ATTORNEY GENERAL ARE OF THE OPINION THAT IN THE CIRCUMSTANCES UNDER CONSIDERATION, THE ACCEPTING OF BRIBES FOR PERSONAL REWARD IS A PRIVATE, UNOFFICIAL ACT AND DOES NOT CONSTITUTE A ''CONSULAR FUNCTION
''CONSULAR FUNCTION WHICH AFFORDS
RAMIREZ IMMUNITY UNDER ARTICLE 43(1) OF THE VIENNA CONVENTION.