RESTRICTED
FM WASHINGTON
TO IMMEDIATE FCO
TELNO 1517
RESTRICTED
(AMENDED DISTRIBUTION 5/7)
OF 022335Z JULY 93
INFO IMMEDIATE HONG KONG, DTI, ACTOR
031112
MDHIAN 7569
HKB
102/1
RECE FED IN REGISTRY
03 / 1993
DESK OFFIC. A INDEX
REGISTRY
PA
Action: Taken
CAMARO CASE: U.S. LETTER OF REQUEST TO HONG KONG COURTS
SUMMARY
1. DEPARTMENT OF JUSTICE CONSIDERING USE OF U.S. COURTS TO TRY TO PREVENT FURTHER OBJECTIONS TO THEIR LETTER OF REQUEST. WE GIVE NEGATIVE INITIAL REACTION BUT UNDERTAKE TO PROVIDE MORE CONSIDERED RESPONSE. DOJ OFFICIALS ALSO PLANNING TO CONSULT HONG KONG.
DETAIL
2.
•
SPRINGER (DEPARTMENT OF JUSTICE) TOLD US TODAY (2 JULY) THAT THE U.S AUTHORITIES WERE CONSIDERING SEEKING AN ORDER FROM THE ALABAMA COURTS TO PREVENT THE U.S. CITIZEN WHO IS THEIR TARGET IN THE CAMARO CASE FROM INTERVENING OR APPEALING IN THE HONG KONG COURTS IN RESPECT OF THE U.S. LETTER OF REQUEST. THE AIM WAS TO PREVENT HIM FROM HOLDING UP THE LETTER OF REQUEST ANY FURTHER. HE ASKED FOR OUR VIEWS ON THIS, MAKING CLEAR THAT, ALTHOUGH THEY WOULD BE GIVEN SIGNIFICANT WEIGHT, THE U.S. WOULD NOT NECESSARILY ACT IN ACCORDANCE WITH THEM.
3.
WE SAID THAT WE WOULD NEED TO CONSULT, BUT THAT OUR INITIAL VIEW WAS THAT THE U.S. AUTHORITIES SHOULD NOT (NOT) TAKE THE ACTION UNDER CONSIDERATION. IT WOULD RISK CREATING JURISDICTIONAL CONFLICT BETWEEN THE U.S. AND HONG KONG COURTS BY MAKING IT APPEAR THAT THE U.S. COURTS WERE TRYING TO LIMIT AN INDIVIDUAL'S NORMAL RIGHT TO CONTEST AN ISSUE IN THE HONG KONG COURTS. JOELSON (MORGAN LEWIS AND BOCKIUS) SUBSEQUENTLY TOLD US THAT HE ENTIRELY SHARED THIS VIEW.
4.
SPRINGER TOLD US THAT HE WOULD ALSO BE CONSULTING THE CROWN SOLICITOR IN HONG KONG ABOUT THIS. WE ENCOURAGED HIM TO DO SO.
RENWICK