LAWYER WAS ARNALDO DE PAIVA BERNARDO, OF RUA D. FRANCISCO MANUEL DE MELO NO 23, 3RD FLOOR, LISBON. WE NOTE (LISBON TELNO 207 TO YOU) THE EMBASSY'S LEGAL ADVISER'S VIEW THAT THE PORTUGUESE GOVERNMENT'S LEGAL OBLIGATION WAS FULFILLED WHEN THE DEFENCE LAWYER WAS INFORMED OF THE APPEAL TO THE SUPREME COURT. IT WOULD BE USEFUL TO KNOW WHETHER THE LAWYER HIMSELF HAD A CLEAR OBLIGATION TO INFORM HIS CLIENTS, BOTH OF THE APPEAL AND OF THE FACT THAT HE DID NOT INTEND TO CONTEST IT.
4. IT WOULD ALSO BE HELPFUL TO HAVE FURTHER ADVICE FROM LISBON ON THE POINT IN PARA 8 MY TEL UNDER REF. THE QUESTION IS NOT WHETHER THERE CAN BE ANY APPEAL AGAINST THE SUPREME COURT DECISION BUT WHETHER THE CASE CAN BE REOPENED IF IT CAN BE SHOWN THAT JUSTICE SO REQUIRES BECAUSE, FOR INSTANCE, RULES AS TO SERVICE OF NOTICE WERE BREACHED, OR IF THE MEN'S LAWYER WAS AT FAULT FOR NOT APPEARING.
5. PUBLIC OPINION IN HONG KONG COULD GO EITHER WAY. IF THE MEN ARE
SURRENDERED THERE WILL BE COMPLAINTS FROM THOSE INTERESTED IN
HUMAN RIGHTS ISSUES WHICH ARE LIKELY TO FOCUS ON THE LACK OF NOTIFICATION OF THE APPEAL COURT HEARING AND THE LENGTHY DELAYS SURROUNDING THE CASE. IF I DECIDE NOT TO SURRENDER THE MEN THERE
ARE LIKELY TO BE STRONG OBJECTIONS, PARTICULARLY FROM THE CHINESE PRESS, THAT CRIMINALS HAVE BEEN ALLOWED TO GET AWAY WITH MURDER.
UN BALANCE, AND SUBJECT TO THE OUTCOME OF THE FURTHER ENQUIRIES
IN LISBON, I STILL THINK IT RIGHT TO SIGN THE SURRENDER URDER.
REFUSAL OF EXTRADITION FOLLOWING A JUDGEMENT OF THE PORTUGUESE SUPREME COURT WOULD BE A SERIOUS MATTER. APART FROM ANY DIFFICULTIES WHICH IT MIGHT CAUSE FOR ANGLO-PORTUGUESE RELATIONS IT COULD AFFECT FUTURE COOPERATION WITH THE PORTUGUESE AUTHORITIES IN MACAU. THOUGH THE BRITISH NATIONALITY ACT HAS MADE THE ISSUE OF CONSULAR PROTECTION MORE SENSITIVE, I AM REASONABLY CONFIDENT THAT WE COULD DEAL WITH PRESS QUESTIONS ON THE LINES SUGGESTED IN PARA 7 OF MY TEL UNDER REF. BUT BEFORE I TAKE MY DECISION FINALLY I SHOULD BE GRATEFUL FOR ASSURANCE THAT MY ACTION WOULD IF NECESSARY BE DEFENDED BY MINISTERS IN PARLIAMENT (PARA 3 OF YOUR TELNO 1095). IF, IN ORDER TO OBTAIN THIS FURTHER SUBMISSIONS ARE REQUIRED, I SHOULD BE GRATEFUL IF YOU WOULD CONFIRM DESKBY 2401002 THAT THESE WILL BE MADE QUICKLY.
YOUDE
MINIMAL
NTD
HK+ GD SED
CONSULAR D
2
CONFIDENTIAL
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