TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 13

OR 200

CONFIDENTIAL

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CONFIDENTIAL

FM HONG KONG 120853Z NOV 82

TO IMMEDIATE FCO

TELEGRAM NUMBER 1311 OF 12 NOVEMBER

INFO PRIORITY MONROVIA

هذا

MY TELNO 1281 AND YOUR TELNO 939: EXTRADITION TO LIBERIA

I HAVE SIGNED THE ORDER TO THE MAGISTRATE TO PROCEED WITH THE EXATRADITION HEARING.

2. IF THE MAGISTRATE CONCLUDES IN DUE COURSE THAT THERE IS SUFFICIENT EVIDENCE TO COMMIT LAM WAI-TING TO PRISON PENDING EXTRADITION IT WILL LIE WITHIN MY DISCRETION WHETHER OR NOT TO ORDER THAT HE SHOULD BE SURRENDERED TO THE LIBERIAN AUTHORITIES.

3. BEFORE SIGNING SUCH A SURRENDER ORDER I SHOULD NEED TO BE ASSURED:-

(A) THAT IN DOING SO I WAS ACTING IN ACCORDANCE WITH HMG'S CURRENT POLICY WITH REGARD TO EXTRADTION OF FUGITIVE CRIMINALS TO COUNTRIES WHICH MAINTAIN CAPITAL PUNISHMENT FOR THE OFFENCE IN QUESTION. PARA 4 OF YOUR TUR POSES THE PROBLEM BUT DOES NOT PROVIDE THE ANSWER.

(B) (ON THE ASSUMPTION THAT HMG WAS SATISFIED THAT THERE WERE NO SPECIAL INDIVIDUAL CIRCUMSTANCES IN THIS CASE). THAT MY ACTION IN SURRENDING LAM TO LIBERIAN JUSTICE WOULD BE DEFENDED BY MINISTERS IF IT WAS SUBSEQUENTLY QUESTIONED IN PARLIAMENT.

4. I SHOULD BE GRATEFUL FOR A VERY EARLY RESPONSE ON THESE POINTS.

YOUDE

MINIMAL

NTD

HKAGD

WAD

Repetition to MONROVIA referrod for deperimental decision, repeated as requested to other posts.

COPIES TO:

SIR

*

I.SINCAIR

LEGAL ADVISER

MR. HILL. HOME OFFICE

CONFIDENTIAL