CONFIDENTIAL
334/2
44708
Pla
1
OO HONG KONG
GRS 261
CONFIDENTIAL
FM FCO 301730Z DEC 82
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 1112 OF 30 DECEMBER
MY TELEGRAM NUMBER 1105
EXTRADITION OF FUGITIVES TO MACAO
1. THERE IS INSUFFICIENT EVIDENCE AVAILABLE TO ENABLE PROPER
ASSESSMENT AS TO WHETHER THERE HAS BEEN ABSENCE OF NATURAL
JUSTICE. FOR THIS PURPOSE HOME OFFICE NEED TO HAVE ACCESS TO
PAPERS SUBMITTED IN ACCORDANCE WITH ARTICLE 8 OF ANGLO PORTUGUESE
EXTRADITION TREATY 1892 WHICH SHOULD INCLUDE IN ENGLISH
TRANSLATION:
(I)
CERTIFICATE OF CONVICTION (BY LOWER COURT IN MACAO)
(II) JUDGMENT OF APPEAL COURT IN MACAO (WHICH SHOULD SET
OUT REASONS FOR DECISION, ARGUMENTS PRESENTED AND LEGAL
BASIS)
(III)
(IV)
(V)
(VI)
JUDGMENT OF SUPREME COURT IN LISBON (WITH SIMILAR
COVERAGE)
ANY EVIDENCE, EITHER IN AFFIDAVIT OR DEPOSITION, LODGED
BY THE DEFENCE BEFORE THE HONG KONG MAGISTRATE
SIMILARLY ANY AFFIDAVITS LODGED WITH ANY APPLICATION FOR
HABEAS CORPUS, AND RELATED JUDGMENTS IN THE HONG KONG
HIGH COURT
ANY REPRESENTATIONS MADE TO THE GOVERNOR BY OR ON BEHALF
OF THE FUGITIVES.
2. WE CANNOT SAY HOW LONG THE ASSESSMENT WILL TAKE UNTIL HOME
OFFICE HAVE THESE DOCUMENTS. WHEN THEY HAVE HAD A FIRST LOOK AT
THEM WE SHALL GIVE YOU OUR BEST ESTIMATE OF THE TIME SCALE.
GRATEFUL FOR YOUR ADVICE ON FASTEST METHOD OF TRANSMISSION OF
PAPERS FROM HONG KONG.
3. (FOR LISBON) WHEN WE HAVE SEEN JUDGMENT OF SUPREME COURT WE
MAY REQUEST FURTHER APPROACH TO LOCAL AUTHORITIES OR DEFENCE
LAWYER WITH A VIEW TO CLARIFYING THE NEED FOR LEGAL
REPRESENTATION BEFORE SUPREME COURT IN THIS PARTICULAR CASE.
PYM
DISTRIBUTION
MINIMAL
COPIES TO:
MR M.J.HILL, E5 DIV,
HOME OFFICE
NTD
HKGD
SED
CONSULAR
LEGAL ADVISERS
CONFIDENTIAL
We
No comments yet.
Private notes are available after approval.