TNAG-0704-FCO40-869-Corruption-cases-proposed-by-Hong-Kong-for-dismissal-under-C-1978 — Page 115

2

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1.

**

TO PRIORITY HONG KONG TELNO-206 OF 9 MARCH

PERSONAL FOR ROBERTS FROM ATTORNEY GENERAL. YAU MA TEI CORRUPTION CASE.

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to keep or file

110/3

HKA 412/393/4.

DES..

IDEX

دله

15 MAR 1978

1 I HAD A BRIEF DISCUSSION TODAY WITH STEWART AND RUSHFORD. THEY HAVE THE SAMPLE FILES. AS A TRIAL RUN STEWART INTENDS TO PUT THEM THROUGH THE PROCEDURE HERE WHICH HE TENTATIVELY HAS

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IN MIND. I NEED NOT BOTHER YOU WITH DETAILS. OUR PRESENT INTENTION IS TO MEET AGAIN ON TUESDAY TO SEE HOW IT HAS WORKED OUT AND FOR THEM TO SAY WHETHER THE SAMPLE FILES CONTAIN THE SORT OF MATERIAL ON WHICH THEY ARE PREPARED TO ACT.

2. BEFORE I CAME AWAY, WE HAD ALL BEEN CONCENTRATING OUR ATTENTION ON FUNDAMENTALS (PARA 6 OF OUR TELNO 279). WE HAVE NOT CONSIDERED MODALITIES AT OUR END. RUSHFORD HAS REASONABLY SAID THAT HE WOULD EXPECT THE FILES TO ARRIVE WITH A FORMAL RECOMMENDATION FOR THE INVOCATION OF CR 55 BASED ON A HONG KONG CONSIDERATION OF THE FILES IN CIVIL SERVICE BRANCH, WHICH WOULD ACCORD WITH THE PROCEDURE IN THE CASE OF OTHER CR CASES. OF COURSE SOMEONE IN HONG KONG HAS TO BE QUOTE CONVINCED OF THE GUILT UNQUOTE OF EACH OFFICER, AND OBVIOUSLY SOMEONE IN CIVIL SERVICE BRANCH WOULD BE APPROPRIATE. I HAD SOME TIME ON THE PLANE TO THINK ABOUT THESE ASPECTS FOR THE FIRST TIME. SPEED IS OF THE ESSENCE. ONE WAY WOULD BE FOR A CIVIL SERVICE BRANCH EXERCISE TO PROCEED CONCURRENTLY WITH AN EXAMINATION OF FILES HERE, THOUGH THIS WOULD NOT MEET RUSHFORD'S POINT ABOUT A FORMAL CONSIDERED RECOMMENDATION FROM US AS THE FIRST STEP, OR THEY COULD BE PROCESSED IN HONG KONG IN BATCHES AND FORWARDED HEAR SO THAT EACH BATCH COULD BE PROCESSED ON RECEIPT. STEWART DID NOT TAKE A POSITION TODAY, BUT THIS IS BECAUSE I HAVE URGED HIM AND RUSHFORD FIRST TO READ THE SAMPLE FILES SO THAT THEY WILL HAVE A FEEL OF THE TYPE OF CASE WITH WHICH WE ARE DEALING.

RE

3. 1 SHALL BE GLAD TO HAVE YOUR VIEWS BEFORE TUESDAY NEXT, AND IN PARTICULAR TO KNOW WHETHER I CAN HELP IN ANY WAY.

OWEN

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