TNAG-0820-FCO40-1027-Narcotics-problem-in-Hong-Kong-1978 — Page 220

CONFIDENTIAL

布政司署

香港下亞

畢道

* OUR Ref.: CR L/M 55/78

* Your Ref.:

61

GOVERNment seCRETARIAT

LOWER ALBERT ROAD

HONG KONG

J. Thompson Esq

Hong Kong & General Department, Foreign & Commonwealth Office, London S.W.1.

England

Dear John,

MA case.

MA Sik-chun

24 October, 1978

RAR

HKK 385/2

RECEIVED IN REGISTAY NO. 51 3 1 OCT 1978

DESK OF

REGISTRY Action: Ten

No M=TO CLE

I refer to your letter of 2nd October,

978 on the

The escape of MA Sik-chun was certainly a most unfortunate business. It was followed by a certain amount of public criticism of the granting of bail to MA by the magistrate, calls for a review of the law relating to the granting of bail in serious offences, and demands for a Commission of Inquiry into the circumstances of MA's escape, although it was quickly realised that an inquiry would serve little purpose.

For her part Mrs. Elliot criticised Taiwan for harbouring fugitives like MA, saying it had made itself a laughing stock in the eyes of the world.

The Attorney General is now looking into the bail system with a view to put forward amendments to the law to allow appeal by the prosecution should a magistrate, despite objections from the Crown, still grant bail to persons charged with serious offences. With these amendments, and the lesson magistrates may have learnt from this incident, we might reasonably expect to avoid similar happenings in future. I should also add that there are already provisions enabling law enforcement authorities to apply to a magistrate to impound travel documents of persons under investigation for serious drug offences.

I enclose some background information on the case as

well as the approach made to Interpol.

Yours sincere

Guff

(G.T. Barnes)

6

Enc.