CONFIDENTIAL
4. IT WAG ON THIS BASIS THAT I INFORMED YOU IN MY TELNO 1496
THAT I PROPOSED TO SIGN THE WARRANTS. THE OTHER ISSUES I RAISED
IN THAT TELEGRAM RELATED TO WHAT SHOULD BE SAID 14 RESPONSE TO
PRESS QUESTIONS ON CONSULAR PROTECTION WHICH I DID NOT SEE AS RELEVANT TO MY DECISION ON SURRENDER (PARA G OF MY TELNO 1496).
5. IT WAS YOUR TELIO 1890 WHICH ASKED ME TO DELAY ON GROUNDS THAT THE MEN MIGHT CLAIM THAT THEY HAD HAD HADEQUATE PROTECTION: THAT THE PORTUGUESE NIGHT NOT HAVE CARRIED OUT THEIR OBLICATIONS UNDER THE VIENNA CONVENTION: AND ON GROUNDS OF
PUBLIC OPINION IN THE UK (I HAVE DEALT WITH PUBLIC POPINION IN
HONG KONG SEPARATELY). IT WAS IN THE LIGHT OF THESE IMPLIED
DOUBTS THAT I SOUGHT ASSURANCE THAT MINISTER WOULD BE READY
TO DEFEND MY ACTION, SINCE ONCE TAKEN IT WILL BE TOO LATE
TO REVERSE IT.
5. YOUR TELNO 1105 NOW SUGGESTS THAT THE ASSUMPTION IN PARA ONE
ADOVE IS HOT CORRECT AND THAT THE S OF S WOULD, BEFORE
DECIDING WHETHER TO BACK A DECISION, WISH FIRST HIMSELF
TO EXAMINE THE CASE IN DETAIL AS IF THE EXTRADITION WERE ADDRESSED
TO MIN
7. THE DISTINCTION SEEMS TO ME AN IMPORTANT ONE. IN THIS PARTICULAR CASE, IF PARA ONE IS CORRECT, IT WOULD MEAN THAT ASSUMING THERE WERE NO REASONS TO FAULT MY DECISION ON GROUNDS OF HMC'S RESPONSIBILITIES IN RELATION TO PROTECTION (PARA 4 ABOVE), HINISTERS WOULD BE CONTENT TO REPLY ON MY JUDGMENT IN RELATION TO THE SIGNATURE OF THE WARRANTS. OTHERWISE THEY WILL IN EFFECT DE SAYING EITHER THAT THEY WISH ALL DIFFICULT EXTRADITION CASES TO BE REFERRED TO THEM: OR THAT THEY REGERVE THE RIGHT NOT
TO DEFEND THE EXERCISE OF THE DELEGATION, WHICH BY TREATY THEY HAVE MADE TO GOVERNORS.
8. IN THIS PARTICULAR CASE, IT SEEMS TO ME THAT HAVING ACCEPTED THAT THERE IS NO ISSUE OF NOTIFICATION OR PROTECTION SUFFICIENT TO MILITATE ACAINST SURRENDER MINISTERS SHOULD BE ADVISED BOTH TO RECOGNISE THAT THE POWER HAS BEEN DELEGATED AND TO DEFEND MY EXERCISE OF THAT DELEGATED POWER IF IT IS RAISED IN PARLIAMENT. YOUDE
MINIMAL
NTD
HK & GD
SED
CONS D
LEGAL ADVISERS
2
COPIES TO
MR M J HILL
E5 DIVN
HOME OFFICE
CONFIDENTIAL
No comments yet.
Private notes are available after approval.