TNAG-0704-FCO40-869-Corruption-cases-proposed-by-Hong-Kong-for-dismissal-under-C-1978 — Page 39

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4. I ALSO CONFIRM THAT WE WILL NOT USE CR 55 AGAINST THOSE BEING

CHARGED. IF, AT THE END OF THE DAY (SOME SIX MONTHS HENCE AT LEAST), SOME OF THESE ARE ACQUITTED, WE WILL CLEARLY HAVE TO FIND A WAY TO REMOVE THEM FROM THE FORCE. THE EVIDENCE PRODUCED IN COURT

MAY BY THEN ENABLE US TO USE CR 59. IF NOT WE MIGHT HAVE TO FALL BACK ON CR 55. THE ATTORNEY-GENERAL ADVISES ME THAT WE WOULD NOT DE PREVENTED FROM DOING SO BY CR 62 SINCE CR 55 IS EXCLUDED FROM THE LIST OF REGULATIONS IN CR 54(3). IT IS THEREFORE NOT A 'PUNISHMENT'. HOWEVER THE PROBLEMS THAT ACQUITTALS WILL CREATE FOR

CASES IN WHICH CR 55 IS USED WILL BE CONSIDERABLE WHETHER THE REGULATION IS APPLIED BEFORE ACQUITTAL OR AFTER IT. GIVEN THE MODERATE OPTIMISM OF THE PROSECUTION, I THINK THE DISADVANTAGES OF APPLYING CR 55 TO MEN CHARGED AT THIS STAGE GREATER THAN THOSE OF APPLYING CR 55 OR 59 AFTER ACQUITTAL.

5. I WILL SEND YOU DRAFTS OF OUR PROPOSED PRESS STATEMENT AND

ANSWERS TO PRESS ENQUIRIES TOMORROW. I AM AFRAID THAT, IN ORDER TO GO TO EXCO ON TUESDAY MORNING, WE WILL NEED YOUR AGREEMENT TO THEM

BY FIRST THING TUESDAY MORNING, OUR TIME, AT THE LATEST..

MACLEHOSE

[PASSED BY COD

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H K T G D

OPA

IPD

NEWS.D

PS) LORD GORONWY-

ROBERTS

MR CORTAZZI

MR MURRAY

MR STRATTON

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HONG KONG GOVERNMENT OFFICE

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