RESTRICTED
FM WASHINGTON
TO PRIORITY FCO
TELNO 1603
OF 16224OZ JULY 93
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HKB
102/1
REC!
IN REGISTRY
22 JUL 1993
PA HK Shanghai Bank file phe
066124 MDLIAN 5830
INDWA
INFO PRIORITY HONG KONG, ACTOR-
YOUR TELNO 688: CAMARO CASE: COURTS
:CER
PA
REGISTRY Action Taken
U.S. LETTER OF REQUEST TO HONG KONG
SUMMARY
1.
WE TELL DEPARTMENT OF JUSTICE THAT THEY SHOULD NOT USE U.S. COURTS TO TRY TO PREVENT FURTHER OBJECTIONS TO U.S. LETTER OF REQUEST. DEPARTMENT OF JUSTICE TAKE NOTE, AND TELL US THEY ARE IN TOUCH WITH HONG KONG ABOUT SUBMISSION OF AMENDED LETTER OF REQUEST.
DETAIL
2.
WE HAVE TOLD SPRINGER (DEPARTMENT OF JUSTICE) THAT YOU AND HONG KONG AGREE THAT THE U.S. AUTHORITIES SHOULD NOT SEEK TO USE THE ALABAMA COURTS TO OBTAIN AN ORDER PREVENTING THE TARGET IN THE CAMARO CASE FROM INTERVENING IN THE HONG KONG PROCEEDINGS. ANY SUCH ORDER WOULD GIVE RISE TO A CONFLICT WITH HONG KONG PROCEDURES AND INTERFERE WITH CONSIDERATION OF THE LETTER OF REQUEST BY THE HONG KONG COURTS. NOR WOULD SUCH AN ORDER BE BINDING ON THE HONG KONG COURTS.
SPRINGER NOTED WHAT WE SAID. HE HAD BEEN TOLD THE SAME BY HONG KONG (MS GUNASEKERA'S LETTER TO HIM OF 14 JULY, NOW FAXED TO MS EVERSON, ERD). OUR VIEWS WOULD BE GIVEN SIGNIFICANT WEIGHT BY THE DEPARTMENT OF JUSTICE. HE THOUGHT THE U.S. SHOULD AND WOULD NOW ABANDON THE IDEA OF SEEKING AN ORDER, BUT COULD NOT GUARANTEE IT.
4. WE ALSO ASKED SPRINGER WHERE THE CASE NOW STOOD. HE SAID HE WAS IN TOUCH WITH HONG KONG ABOUT THE AMENDED REQUEST FOR JUDICIAL ASSISTANCE. HE HAD BEEN ASSURED THAT, WHEN THIS AND ACCOMPANYING DOCUMENTS WERE READY, THE REQUEST WOULD BE PROCESSED AS QUICKLY AS POSSIBLE. WE DREW HIS ATTENTION TO ARTICLE 9 OF THE HAGUE CONVENTION ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS, AS SUGGESTED IN PARAGRAPH 2 OF TUR. HE WAS DUBIOUS ABOUT ITS RELEVANCE IN A CASE INVOLVING A LIKELY CRIMINAL PROSECUTION, BUT SAID HE WOULD CHECK WHETHER THERE WAS ANYTHING ANALOGOUS IN HONG KONG RULES.
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