GRS 1000A
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1. 31
CONFIDENTIAL
SK ONFOLA
CONFIDENTAL-
PA
N
FM HONG KONG 160350Z OCT 81
TO ROUTINE PÉKING
Zi
STRY
Action Taken:
Mr. Howth. Williamen
Are FED leading in this
TELEGRAM NUMBER 374 OF 16 OCTOBER
INFO F C O
We should reply comment (para 5)
YOUR TELNO 60: CHINA/HONG KONG THE CASE OF
985(CANTONESE
(6223 5045
THIS CASE WAS FIRST RAISED BY NCNA WITH PA ON 15 AUGUST. THE FACTS
AS PRESENTED BY NCNA ARE DIFFERENT FROM LIANG'S VERSION. NCNA HANDED OVER A SPEAKING NOTE AND AFFIDAVIT ON 15 AUGUST (COPIES OF THESE AND OTHER RELEVANT RECORDS OF CONVERSATION FOLLOW BY BAG). THE BACKGROUND IS AS FOLLOWS: (A)
197
Ses
See / 102
WHO HOLDS A HONG KONG ID CARD, WAS EMPLOYED BY THE SHENZHEN MUNICIPAL IMPORT AND EXPORT SERVICE COMPANY. HE
FREQUENTLY TRAVELLED TO HONG KONG WHERE HE BOUGHT GOODS ON BEHALF OF THE COMPANY, WHO PAID SUMS INTO A BANK ACCOUNT IN A HONG KONG BRANCH OF THE BANK OF CHINA TO ENABLE HIM TO DO SO, AND HE HAD ALLEGEDLY MISAPPROPRIATED ABOUT HK DOLLARS 2 MILLION FROM THIS ACCOUNT. NCNA AT NO TIME SUGGESTED THAT HAD RETAINED HIS
HONG KONG ID CARD ILLEGALLY''. INDEED, THEY SUGGESTED THAT A HONG KONG ID CARD HOLDER HAD BEEN DELIBERATELY USED FOR THESE ERRANDS AS A MATTER OF CONVENIENCE.
(B) NCNA SAID THAT
HAD ''SNEAKED’' INTO HONG KONG, BUT IT
TRANSPIRED THAT HE ENTERED LEGALLY, FROM HONG KONG'S POINT OF VIEW.
(C) NCNA'S ORIGINAL REQUEST WAS THAT
TO SHENZHEN TO FACE TRIAL
(D) ACCORDING TO NCNA,
BE ARRESTED AND SENT BACK
INTENDED SHORTLY TO TRAVEL TO TAIWAN.
2. AFTER CONSULTING LEGAL DEPARTMENT HERE, PA SUBSEQUENTLY REPLIED
TO NCNA AS FOLLOWS:
TO CHINA UNDER
(A) IT WOULD NOT BE POSSIBLE TO RETURN PROCEDURES FOR DEALING WITH ILLEGAL IMMIGRANTS. (B) IT WOULD NOT BE POSSIBLE TO RETURN EXTRADITION PROCEEDINGS BEING INSTITUTED.
TO CHINA WITHOUT
(C) ON THE BASIS OF THE DOCUMENTS ALREADY PROVIDED BY NCNA, LEGAL DEPARTMENT HAD CONCLUDED THAT THERE WAS PRIMA FACIE EVIDENCE OF A
CRIME HAVING BEEN COMMITTED IN HONG KONG AS THE FUNDS APPEARED TO
HAVE BEEN MISAPPROPRIATED HERE.
(D) A SUCCESSFUL PROSECUTION WOULD BE IMPOSSIBLE WITHOUT THE
COOPERATION OF THE SHENZHEN MUNICIPAL AUTHORITIES WHO WOULD BE
REQUIRED TO TESTIFY IN COURT.
UNTIL WE KNEW WHETHER SUCH
(E) IT WOULD BE USELESS TO ARREST COOPERATION WOULD BE FORTHCOMING, SINCE WITHOUT IT CHARGES COULD NOT BE BROUGHT AND WOULD HAVE TO BE RELEASED AGAIN.
FOR THE SAME REASONS,
COULD NOT BE PREVENTED FROM LEAVING HONG
KONG SINCE THE ONLY WAY OF DOING SO WOULD BE TO ARREST HIM AT THE AIRPORT.
COULD NOT BE SENT BACK
3. NCNA PROFESSED TO UNDERSTAND THAT WITHOUT EXTRADITION PROCEEDINGS WHICH, AS WAS TO BE EXPECTED, THEY
DID NOT THINK WOULD BE ACCEPTABLE. WE HAVE ASKED AT FREQUENT
CONFIDENTIAL
(INTERVALS
16/10
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