TNAG-0704-FCO40-869-Corruption-cases-proposed-by-Hong-Kong-for-dismissal-under-C-1978 — Page 21

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Mr Murray

PS/Lord Goronwy-Roberts

HKA 412/393/4

2

13.51

- AIR 1973

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at the begumigy of paragraph 30,

where the term "officers" could be interpreted to include

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HONG! KONG: YAUMATEI CORRUPTION CASES

1. In his telegrams Nos 406 and 407 of 1 April the Governor has now provided drafts of the press statement and guidance notes for press enquiries, concerning the dismissal of Officers concerned in the Yamatei corruption cases. As these need to be cleared with the Executive Council in Hong Kong tomorrow, the Governor has asked for our approval by first thing tomorrow morning (which means by tonight, London time).

2. The Governor's proposed texts look generally acceptable, subject to a few minor amendments and only one significant objection. This concerns the reference to the Amnesty in paragraph 5 of the press statement in the Governor's telegram No 406. While the Departmental Legal Adviser has confirmed that there is no legal objection to linking the use of CR55 to the Amnesty, it is debateable whether it is strictly true to say that it is being used to deal "with the aftermath of the Amnesty granted in November 1977": we may well have needed to use CR55 even if there had been no Amnesty. Also, by linking our action, to the Amnesty, there is a strong implication that the Officers concerned are being dismissed on suspicion of corruption. While this may be true, we want to avoid saying so, even by implication, in order to lessen the risk of a come-back.

On minor points, I suggest:

3.

i)

ii)

running together paragraphs 2 and 3 of the press statement in order to avoid the slight ambiguity the "Officers" referred to in paragraph 1.

in the proposed answer to Question 7 in the Questions and Answers, omit the phrase "arising from the Amnesty" (for the same reasons as I recommend omitting the reference to the Amnesty from the press statement);

iii) in the reply to Question 16, omit the second

sentence, since this implies that only the trial could produce evidence on which the Government

/may

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