TNAG-0397-FCO40-443-Problem-of-increase-in-crime-in-Hong-Kong-1973 — Page 34

DULE.CO

PP HONG KONG

GROUP S340 A

CYPHER CAT A TOP COP

FM BONN 161035Z

RESTRICTED

HK TOD NO DISTRIBUTION

Reputation south.

$9

IN

TO PRIORITY HONG KONG TELNO 3 OF 16 OCTOBER.

MIPT

FOLLOWING IS TEXT OF B M G BERLIN TELNO 1 OF 4 OCTOBER TO

HONG KONG,

YOUR TELNO TO BONN

FOLLOWING FROM BUSHELL

HOLY

1. AS THE LEGAL ADVISER TO THE EMBASSY IN BONN IS AWAY ON LEAVE

2.

I HAVE BEEN ASKED WHETHER MY LEGAL ADVISER CAN ASSIST WITH THE

QUESTION POSED IN YOUR TELEGRAM UNDER REFERENCE.

THE FOLLOWING PROVISIONS OF THE GERMAN CODE OF CRIMINAL PROCEDURE ARE RELEVANT :-

''ARTICLE 94

1. ARTICLES WHICH, AS EVIDENCE, COULD BE OF IMPORTANCE FOR ANY

INVESTIGATIONS, ARE TO BE TAKEN INTO CUSTODY OR SECURED IN OTHER

WAYS.

2. IF THEY ARE IN THE CONTROL OF ANY PERSON WHO WILL NOT HAND THEM OVER VOLUNTARILY, AN ORDER FOR THEIR CONFISCATION WILL BE NECESSARY.

ARTICLE 98

A CONFISCATION ORDER MAY BE ISSUED BY A JUDGE OR, IF THERE IS

A DANGER OF DELAY, BY THE PROSECUTION OR ITS ASSISTANTS''.

3.

THE EXPRESSION 'PERSON'

J

IN PARAGRAPH 2 OF ARTICLE 94 INCLUDES,

4.

OF COURSE, CORPORATIONS. I SHOULD EMPHASISE THAT THE TRANSLATION

OF THE GERMAN TEXT IS OUR INFORMAL ONE.

IN PRACTICE, IF A CONFISCATION ORDER IS ISSUED IT WILL NOT NORMALLY BE NECESSARY TO EXECUTE IT BECAUSE THE PERSON TO WHOM IT

IS ADDRESSED WILL GIVE THE REQUIRED INFORMATION.

5.

WE DO NOT, OF COURSE, HAVE DETAILS OF THE CASE YOU HAVE MENTIONED BUT THE QUESTION AS TO WHETHER AN ORDER IN CONNECTION WITH CRIMINAL PROCEEDINGS WILL BE EXECUTED OUTSIDE GERMANY DEPENDS

UPON SEVERAL FACTORS. FOR EXAMPLE, IF THE ACCUSED IS A GERMAN NATIONAL, IF THE CRIME WAS COMMITED IN GERMANY OR IF THERE IS

A TREATY GOVERNING THE MATTER AN ORDER COULD BE ISSUED.

6.

IF WE CAN BE OF FURTHER ASSISTANCE YOU WILL NO DOUBT LET US KNOW.

HENDERSON

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