TNAG-1216-FCO40-1519-Extradition-treaties-between-Hong-Kong-and-other-countries-1982 — Page 28

CONFIDENTIAL

42313 1

-

GRS 245

CONFIDENTIAL

FM FCO 141700Z DEC 82

TO PRIORITY MONROVIA

TELEGRAM NUMBER 83 OF 15 DECEMBER

INFO ROUTINE HONG KONG

HONG KONG TEL NO.1436: EXTRADITION OF LAM WAI-TING

1. GRATEFUL IF YOU WOULD NOW RAISE FORMALLY WITH LOCAL

AUTHORITIES QUESTION OF LAM'S LIKELY SENTENCE SHOULD HE BE

RETURNED AND CONVICTED. PLEASE SEEK THEIR COMMENTS ON LIKELIHOOD

OF A LIBERIAN COURT AWARDING THE DEATH PENALTY IN THE EVENT OF A CONVICTION AND, IF AWARDED, THE LIKELIHOOD OF IT BEING PUT INTO

EFFECT.

2.

IDEALLY, WE SHOULD LIKE A FIRM ASSURANCE THAT THE COURT

WOULD NOT IMPOSE THE DEATH SENTENCE OR IF IT SHOULD THAT THE

SENTENCE WOULD NOT BE CARRIED OUT. IF THIS IS CONSTITUTIONALLY

IMPOSSIBLE WE WOULD HOPE THAT THE LIBERIANS WILL BE ABLE AT

LEAST TO GIVE AN UNDERTAKING THAT A RECOMMENDATION AGAINST THE

IMPOSITION OR, AT WORST, THE EXECUTION OF THE DEATH SENTENCE

WILL BE MADE IN THE APPROPRIATE QUARTERS.

3.

IN VIEW OF COMMENTS IN PARA 2 OF TUR ABOUT CASE OF TSUI

WE SHOULD ALSO LIKE ASSURANCE THAT ANY TRIAL WILL BE CONDUCTED

IN LANGUAGE THAT LAM UNDERSTANDS OR THAT HE WILL HAVE SERVICES OF

PROPERLY QUALIFIED TRANSLATOR. GRATEFUL ALSO YOU SEEK CONFIRMATION

THAT, IF SURRENDERED, LAM WILL BE FREE TO APPOINT A LAWYER OF HIS CHOICE TO BE PRESENT THROUGHOUT PROCEEDINGS. 4. HONG KONG WILL WISH TO BEAR IN MIND, IN VIEW OF LAST PARA

OF TEL, THAT EVEN IF LAM DOES NOT APPLY FOR HABEAS CORPUS HE

CANNOT BE SURRENDERED UNTIL 15 DAYS AFTER ANY COMMITTAL ORDER

(SECTION 11 OF EXTRADITION ACT 1870 REFERS)

PYM

MINIMAL NTD HRAD

WAD

1

CONFIDENTIAL

COPIES TO: MR HILL

E5 DIVISION,

HOME OFFICE.