GRS 600
CONFIDENTAL
CONFIDENTIAL
FM HONG KONG 030702Z DECEMBER 82
TO PRIORITY F C O
TELEGRAM NUMBER 1436 OF 38 DECEMBER
INFO MONROVIA
YOUR TELNO 976: EXTRADITION TO LIBERIA
Moto Pl. Keep in touch
WONTA.
PARAGRAPH 2 OF YOUR TUR IMPLIES THAT HMG'S POLICY WITH REGARD TO THE EXTRADITION OF FUGITIVE CRIMINALS TO COUNTRIES
WHICH MAINTAIN CAPITAL PUNISHMENT WOULD BE TO SEEK AN ASSURANCE
THAT THE DEATH PENALTY WOULD NOT BE CARRIED OUT SHOULD THE
FUGITIVE BE SURRENDERED AND CONVICTED. PARAGRAPH 4 OF YOUR TELNO
939 SAID THAT IN THE CASE OF A REQUEST FOR EXTRADITION FROM
THE UK THE HOME SECRETARY WOULD SEEK AN EFFECTIVE GUARANTEE
OF COMMUTATION INTO A LIFE SENTENCE. THIS NO DOUBT ARISES
FROM THE ABOLITION OF CAPITAL PUNISHMENT IN THE U K: WHICH IS
IN TURN THE REASON ADDUCED FOR COMMUTATION OF SENTENCES IN
HONG KONG. AS FAR AS WE KARE AWARE NO SUCH ASSURANCE WAS
SOUGHT IN THE TSUI CASE. WE DO NOT HAVE SUCH A GUARANTEE OR
ASSURANCE AT PRESENT IN LAM'S CASE: WHILE MONROVIA'S T U R SAYS
THAT IT IS VERY UNLIKELY" THAT EXECUTION WOULD BE CARRIED
OUT IT ALSO SAYS THAT THERE CAN BE NO GUARANTEE OF COMMUTATION.
2. ON THE QUESTION OF STANDARDS OF JUSTICE IN LIBERIA, THE
PREVIOUS CASE OF TSUI IS NOT A HAPPY PRECEDENT. HIS TRIAL WAS
SURROUNDED BY MUCH CONFUSION AND BUNGLING. HE WAS SENTENCED
TO DEATH, GRANTED AN AMNESTY, RE-ARRESTED AND FINALLY RELEASED.
AT ONE STAGE THE LIBERIANS WERE PREPARED TO USE A RESTAURANT
COOK AS AN INTERPRETER: AND SUBSEQUENTLY USED INDIRECT INTERPRE-
TATION THROUGH TWO MEMBERS OF THE P R C EMBASSY.
3. AS REGARDS SEEKING ASSURANCES ON THE ADMINISTRATION OF
JUSTICE AND SEEKING CONFIRMATION THAT THE DEATH PENALTY WILL
NOT BE CARRIED OUT, I HAVE NEITHER THE AUTHORITY NOR THE
HEANS TO NEGOTIATE DIRECT WITH THE LIBERIAN GOVERNMENT. HMG
ARE RESPONSIBLE FOR THE EXTERNAL RELATIONS OF THIS TERRITORY
(AND CORRESPONDENCE HAS BEEN BETWEEN FCO AND LIBERIAN EMBASSY).
4. IT MUST BE MY ASSUMPTION THAT SUBJECT TO NO SPECIAL
CIRCUMSTANCES ARISING FROM THE LAM CASE, I SHOULD ALLOW THE
LAW TO FOLLOW ITS COURSE AND THAT HMG WOULD WISH ME TO SIGN
THE SURRENDER ORDER IN ACCORDANCE WITH THE TERMS OF THE TREATY.
IF AS A PRECEDENT TO THIS AND ON GROUNDS OF UK POLICY AN
ASSURANCE THAT CAPITAL PUNISHMENT WILL NOT BE CARRIED OUT
CONFIDENTAL
115.
چهه
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