CONFIDENTIAL
"
CONFIDENTIAL
FM HONG KONG
TO DESKBY 07110OZ F C O
HKB 370/1
4CEIVED IN RES
MAY 1991
176607
TOP COIAN 5340
Q DIST?
TELNO 1402
OF 071016Z MAY 91
SK OFFICER
INDEX
MUZ
ѝ
PERSONAL FOR PAUL, HKD FROM GOVERNOR
PAYT,
YOUR TELNO 852: THE HONG KONG LEGAL DEPARTMENT AND THE HARRIS
CASE
1.
WE ONLY RECEIVED BY FAX THE LETTER FROM MR. AND MRS HARRIS TO MR. HOWELL, AND NOT MR. HOWELL'S LETTER TO THE SECRETARY OF STATE. I ASSUME THAT THE LATTER DID NOT INCLUDE ANY ADDITIONAL POINTS.
2.
THERE IS NOW VIRTUALLY NO INTEREST IN HONG KONG IN THE HARRIS CASE, ALTHOUGH HIS RELEASE FROM PRISON IN SEPTEMBER MAY RECEIVE SOME MEDIA COVERAGE, ESPECIALLY IN THE ENGLISH-LANGUAGE NEWSPAPERS.
3.
ON THE SPECIFIC POINTS IN PARAGRAPH 3 OF TUR:
(A)
THE 111 VIETNAMESE WHO OBTAINED A WRIT OF HABEAS CORPUS
IN NOVEMBER 1990 WERE REPRESENTED BY A PRIVATE SOLICITOR ASSIGNED BY THE DIRECTOR OF LEGAL AID. MRS BAKER WAS NOT
DIRECTLY INVOLVED IN THE CONDUCT OF THEIR CASE.
NO LAWYER HAS BEEN DENIED ACCESS TO A DETENTION CENTRE FOR THE PURPOSE OF PROVIDING LEGAL SERVICES TO NAMED CLIENTS. IN THIS RESPECT LEGAL AID DEPARTMENT LAWYERS, INCLUDING MRS BAKER, HAVE BEEN TREATED NO DIFFERENTLY FROM OTHER LAWYERS. IT IS TRUE, HOWEVER, THAT FROM 26 NOVEMBER 1990 STEPS WERE TAKEN BY SECURITY BRANCH AND CORRECTIONAL
SERVICES DEPARTMENT TO PREVENT MRS BAKER FROM HAVING
UNRESTRICTED ACCESS THAT SHE HAD PREVIOUSLY ENJOYED TO DETENTION CENTRES. SHE HAS SINCE THEN, LIKE ALL OTHER LAWYERS, BEEN REQUIRED TO INTERVIEW HER CLIENTS IN THE INTERVIEW ROOMS PROVIDED FOR THAT PURPOSE. THE LEGAL DEPARTMENT IS NOT INVOLVED IN THE QUESTION OF ACCESS TO DETENTION CENTRES, ALTHOUGH OF COURSE, IT REPRESENTED THE GOVERNMENT IN THE HABEAS CORPUS PROCEEDINGS.
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