CONFIDENTIAL
HKC 381/1
000766
MDLIAN 7119
CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C O
TELNO 117
OF 150401Z JANUARY 92
INFO PRIORITY PEKING, UKREP JLG HONG KONG
/ HCB 380/3 34
1
YOUR TELNO 1882 OF 1991:
MATTERS
TOP COPY Q DIST?
Mr Bruntur
CO-OPERATION WITH CHINA ON CRIMINAL
1.
WE ARE NOW READY TO GO AHEAD WITH THE FIRST CASE UNDER THE AGREED NEW PROCEDURES. IN OUR VIEW, IT FALLS SQUARELY WITHIN THE NEW POLICY AND IS UNLIKELY TO CAUSE POLITICAL CONTROVERSY.
2.
THE CASE IS ONE OF ATTEMPTED ARMED ROBBERY BY THREE MEN AT AN ELECTRICAL APPLIANCES SHOP, SUN HING TRADING COMPANY, IN SHAUKEIWAN ON 23 NOVEMBER 1990. WHEN THE PROPRIETOR RESISTED HE WAS SHOT IN THE THIGH. NO ARRESTS HAVE BEEN MADE IN HONG KONG. WE HAVE BEEN TOLD BY INTERPOL CHINA THAT TWO RESIDENTS OF GUANGZHOU WHO WERE ARRESTED ON 5 DECEMBER 1990 AS THEY ENTERED CHINA ILLEGALLY FROM HONG KONG ADMIT INVOLVEMENT IN THE ROBBERY. WE PROPOSE TO COMPLY WITH A REQUEST FOR ASSISTANCE BY HANDING OVER A STATEMENT BY THE VICTIM WHICH HE HAS CONSENTED TO PROVIDE TO THE CHINESE AUTHORITIES, A MEDICAL REPORT AND PHOTOGRAPHS OF THE SCENE, ACCOMPANIED BY A STATEMENT THAT HONG KONG IS OF THE VIEW THAT THE DEATH PENALTY SHOULD NOT BE CARRIED OUT FOR OFFENCES
COMMITTED IN HONG KONG.
3
THE DIRECTOR OF PUBLIC PROSECUTIONS IN HONG KONG HAS NOTED THAT IF THIS EVIDENCE WAS PRESENTED IN A HONG KONG COURT IT WOULD BE HIGHLY PROBATIVE OF THE COMMISSION OF THE OFFENCE BUT IT DOES NOT INDICATE, APART FROM THE DESCRIPTION OF GENERAL PHYSICAL CHARACTERISTICS, THE IDENTITY OF THE CULPRITS. THE DDP HAS ADVISED THAT THE ONLY ELEMENT OF UNFAIRNESS, WHICH WILL BE PRESENT IN ALL SIMILAR CASES, IS THAT USE OF THIS MATERIAL IN CHINA WILL PREVENT THE ACCUSED FROM TESTING THE CREDIBILITY OF THE EVIDENCE IN ANY WAY. HE HAS ALSO ADVISED THAT SUBJECT TO THE MEDICAL OFFICER CONSENTING TO THE SUPPLY OF HIS REPORT, THE MATERIAL CAN BE LAWFULLY TRANSMITTED.
4.
GRATEFUL TO KNOW WHETHER YOU HAVE ANY COMMENTS.
WILSON
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