TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 12

CODE 18 - 77

FORD

CONFIDENTIAL

Mr Rushford LEGAL ADVISERS – K188

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Reference.....

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HONG KONG: "A CRIMINAL CASE OF SOME DIFFICULTY"

1. We spoke about Mr Hobley's letter and attachments (!) of 16 March to Mr Stewart, and agreed that, since you expect to see Mr Hobley on Thursday 24 March, you would ask him to discuss the matter with you. Mr David or I would be ready to join you for this purpose.

2. As I understand it, Mr Hobley wants to know, for the Governor's information, whether the Governor would have the support of the FCO (presumably public support by Ministers in the last resort) if he (the Governor) were to decide, for local political reasons and contrary to Mr Hobley's advice, against accepting a possible request from the solicitors for two convicted police officers that their clients' case should be referred, by the executive, to the Court of Appeal. It seems to me that part of the answer to this question would turn upon the extent to which a decision against referral could be justified on legal grounds.

3.

Mr Stewart expects to look into the Office briefly on Friday afternoon, 1 April, following his current visit to Hong Kong, but will not really be available until Tuesday 12 April. Subject to how far you get with Mr Hobley this week and the urgency of the matter, it may be that we should ask Mr Hobley to come into the Office again to discuss it Mr Stewart when he is available.

22 March 1977

copy:

Mr David

D.F.M. villon

DF Milton

Hong Kong Department K 247 233 4381

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