SECRET

А

SECRET

FM HONG KONG

TO IMMEDIATE FCO

TELNO 15

OF 03110OZ JANUARY 91

ADVANCE COPY

SECRET

056476

MDADAN 1320

HKB 370 ll

91

see last

A year

file,

g

COLONIAL PRISONERS REMOVAL ACT: CHARLES

YOUR TELNO 2266 : WARWICK REID

1. SINCE THE ISSUE OF MY TELNO 3405, I HAVE LOOKED AGAIN AT THE POSSIBILITIES OF KEEPING REID SAFELY DETAINED IN HONG KONG IF IT IS NECESSARY TO MOVE HIM OUT OF ICAC CUSTODY BECAUSE OF JUDICIAL REVIEW. I AM NOW SATISFIED THAT, IF THE NECESSITY ARISES, WE WILL BE ABLE TO HOLD REID SAFELY IN THE SIU LAM PRISON, WHERE SPECIAL FACILITIES FOR CONVICTED INFORMANTS WILL SOON BE AVAILABLE.

2. I REMAIN OF THE VIEW THAT WE SHOULD KEEP REID IN HONG KONG IF AT ALL POSSIBLE. BUT WE NEED A CONTINGENCY PLAN TO COVER THE FOLLOWING POSSIBLE DEVELOPMENTS :

(A) THAT THE THREAT TO REID'S LIFE PROVES TO BE SUCH THAT I AM SATISFIED THAT HE CANNOT BE SAFELY DETAINED EITHER IN THE ICAC CENTRE OR IN SIU LAM: OR

(B) THAT WE HAVE TO MOVE REID TO SIU LAM AS A RESULT OF THE JUDICIAL REVIEW AND HE THEN REFUSES TO CO-OPERATE FURTHER WITH ICAC SO LONG AS HE IS IN THE CUSTODY OF THE CORRECTIONAL SERVICES DEPARTMENT.

3. I DO NOT WISH YOU TO SEEK THE HOME SECRETARY'S FORMAL AGREEMENT NOW TO REMOVE REID TO THE UK UNDER THE COLONIAL PRISONERS REMOVAL ACT. BUT IT WOULD BE HELPFUL TO CARRY OUT CONTINGENCY PLANNING UP TO THIS POINT. THIS MEANS, IN PRACTICE, SEEKING YOUR AGREEMENT IN ADVANCE, TO PUTTING A POSITIVE RECOMMENDATION IMMEDIATELY TO THE HOME SECRETARY SHOULD I FEEL IT NECESSARY TO MAKE AN URGENT REQUEST FOR REID'S REMOVAL.

4. ON THE QUESTION OF RETURNING REID TO HONG KONG TO GIVE EVIDENCE (PARA 3 OF TUR), OUR ADVICE FROM A LEADING UK QC, AND LOCAL SOLICITORS ENGAGED BY ICAC, IS THAT USE OF SECTION 3 OF THE COLONIAL PRISONERS REMOVAL ACT FOR THIS PURPOSE WOULD BE QUOTE CONTRIVED UNQUOTE AND NOT THEREFORE JUSTIFIABLE. HOWEVER, THEY ADVISE THAT RULE 6 OF THE PRISON RULES MAY BE APPROPRIATE AND

festen If released under rule 6, Brid

would not be in custody

to restraint.

sulyeit a bunk!

Да

He could do

Pf. 3.1

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Mr Fumes

Rn

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