GR 703
CONFIDENTIAL
CONFIDENTIAL
DESKBY FCO 23293BZ
DESKEY LISBON 231000Z
FM HONG KONG 230965Z DEC 82
TO IMMEDIATE F C O
TELEGRAM NUMBER 1509 OF 23 DECEMBER
INFO IMMEDIATE LISBON
YOUR TELNO 1095 : EXTRADITION OF FUGITIVES TO MACAU
1. I CAN DELAY SIGNATURE FOR A LITTLE WHILE BUT WOULD NOT WISH TO
DO SO FOR LONG. UNDER SECTION 12 OF THE EXTRADITION ACT 1970
APPLICATION FOR THE RELEASE OF THE MEN CAN BE MADE IF THEY HAVE
NOT BEEN SURRENDERED WITHIN TWO MONTHS OF THE DATE OF THE
MAGISTRATE'S COMMITAL ORDER. IN THIS CASE THE ORDER WAS MADE
ON 13 OCTOBER. WE ARE THEREFORE VULNERABLE TO AN APPLICATION FOR
RELEASE AT ANY TIME.
2. CONSULAR PROTECTION. AS INDICATED IN PARA G OF MY TELNO
1496, ARRESTS OF HONG KONG BELONGERS IN MACAU ARE SOMETIMES
NOTIFIED TO US INFORMALLY THROUGH IMMIGRATION AND/OR POLICE
CHANNELS BUT THIS HAD NOT BEEN DONE SYSTEMATICALLY. THE
CONSUL-GENERAL IN MACAU (1.E. THE SENIOR BRITISH TRADE COMMISSIONER
HERE) HAS NO RESIDENT STAFF IN MACAU AND HAS NOT HAD A ROLE
IN THIS AREA. WE WILL REVIEW THESE ARRANGEMENTS WITH HIM, BUT
SINCE THE MEN HAD PROPER LEGAL REPRESENTATION FOLLOWING THEIR
ORIGINAL ARREST IN MACAU (PARA 7 OF MY TUR) IT IS DIFFICULT TO
SEE WHAT DIFFERENCE PROTECTION IN MACAU COULD HAVE MADE TO
THE OUTCOME OF THE PROCEEDINGS THERE. IT IS NOT CLEAR TO US
WHAT, IF ANY, OBLIGATIONS THE PORTUGUEST GOVERNMENT MAY HAVE HAD
UNDER THE VIENNA CONVENTION ON CONSULAR RELATIONS TO NOTIFY THE
EMBASSY IN LISBON OF THE SUPREME COURT HEARING OR THE EARLIER
PROCEEDINGS IN THE COURT OF APPEAL. ARTICLE 36 DOES NOT SEEM
RELEVANT TO THE SUPREME COURT HEARING SINCE THE MEN WERE THEN
AT LIBERTY IN HONG KONG.
3. A MORE SERIOUS POINT IS THE CONTENTION THAT THE MEN WERE NOT
INFORMED OF THE APPEAL TO THE SUPREME COURT, AND THAT THE LAWYER
APPOINTED TO REPRESENT THEM IN PORTUGAL NEITHER CONTESTED THE
APPEAL IN THE SUPREME COURT NOR APPEARED IN COURT. IT WOULD CERTAINLY
BE HELPFUL IF THE EMBASSY IN LISBON COULD MAKE FURTHER URGENT
ENQUIRIES ON THESE POINTS. THE SUPREME COURT DELIVERED ITS
JUDGEMENT IN THIS CASE ON 7 JANUARY 1981. THE NAMES OF THE FIVE
NOW IN CUSTODY ARE CHAO POU FAI, LEUNG TU KEI, VONG CHAU KOK,
IP WENG HENG AND CHEANG TAI HENG (THERE WERE FOUR OTHER
DEFENDENTS WITH THOM WE ARE NOT PRESENTLY CONCERNED). THE DEFENCE
CONFIDENTIAL
/
LAWYER
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