TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 26

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Contents for transf

GRS 600

CONFIDENTIAL

CONFIDENTAL

FM HONG KONG 0807022 DECEMBER 82

TO PRIORITY F C O

TELEGRAM NUMBER 1436 OF 08 DECEMBER

INFO MONROVIA

G

TOP COPY

SNx384/428/LAMINT

RECEIVED IN REGLIARY NOJ 24

9 DEC 1982

DEOK

STAY!

INDEX

Taka

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YOUR TELNO 976: EXTRADITION TO LIBERIA

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 AARE 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 UR SAYS

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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 PRC 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 MEANS TO NEGOTIATE DIRECT WITH THE LIBERIAN GOVERNMENT. H M G 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 DE CARRIED OUT

CONFIDENTAL

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