RESTRICTED
FM FCO
TO PRIORITY WASHINGTON
TELNO 688
OF 0911OOZ JULY 93
INFO PRIORITY HONG KONG
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HKB 102/1
RECE
GISTRY
03 A 1993
INULA
PA
REGISTRY Action Taken
AB/13)
047115 MDLOAN 7073
US LETTER OF REQUEST TO HONG
YOUR TELNO 1517: CAMARO CASE KONG COURTS
1.
IT IS DISAPPOINTING BUT PERHAPS NOT ENTIRELY SURPRISING THAT THE US AUTHORITIES ARE CONSIDERING SEEKING AN ORDER FROM THE ALABAMA COURTS TO PREVENT THE US CITIZEN AT THE CENTRE OF THE CAMARO CASE FROM INTERVENING OR APPEALING IN THE HONG KONG COURTS IN RESPECT OF THE US LETTER OF REQUEST. WHILE WE CONSIDER THE AMERICANS' PROPOSED ACTION UNDESIRABLE IT IS NOT YET CLEAR WHAT IS THE RIGHT BASIS FOR A RETURN TO THE DOJ. WHETHER THE ALABAMA COURTS CAN ISSUE SUCH AN ORDER WILL DEPEND ON ALABAMA STATE LAW. CAN YOU CONFIRM THAT, AS WE SUSPECT, SUCH AN ORDER HAS ET IMPLICATIONS. HONG KONG TELNO 1096 SUGGESTS THAT A CONFLICT COULD EXIST IF THE ALABAMA COURT SOUGHT TO PROCEED WITH THEIR ORDER. WE UNDERSTAND FROM HONG KONG TELNO 1100 THAT THE HONG KONG CROWN SOLICITOR IS CONSIDERING THE AMERICANS' PROPOSED ACTION AND WE SUGGEST WE CONSIDER ANY APPROPRIATE ACTION IN THE LIGHT OF HIS VIEWS.
2.
WE UNDERSTAND THAT, UNDER ARTICLE 9 OF THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERICAL MATTERS, THE US MAY REQUEST THAT A SPECIAL METHOD OR PROCEDURE BE FOLLOWED IN THE EXECUTION OF THE LETTER OF REQUEST. WE WONDER IF THE US AUTHORITIES HAVE CONSIDERED THIS ROUTE.
3. WE WOULD BE GRATEFUL TO KNOW HOW FAR US THINKING ON THIS ISSUE HAS PROGRESSED.
HURD
YYYY
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