TNAG-1707-FCO40-2379-Prisons-and-prisoners-in-Hong-Kong-various-ordinances-1988 — Page 132

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 2578

OF 25130OZ SEPTEMBER 87

INFO ROUTINE PEKING

кето 382

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BY

RECEIVED A CONFIDENTIAL-50CT 1987

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MDLOAN 3056

TOP COPY a Diet ?

1.

YOUR TELNO 3587: ICAC INTEREST IN CHINESE LAND COMMISSION MEMBER

THE EXPERTS ON IMMUNITY MATTERS HERE ADVISE US THAT

NORMALLY THE CORRECT PROCEDURE IN SUCH CASES WOULD BE FIRST TO

APPROACH THE HEAD OF MISSION OF THE INDIVIDUAL CONCERNED, WHO WOULD SEEK THE AGREEMENT OF THE SENDING STATE TO A WAIVER. THEY

SAY THAT THIS PROCEDURE APPLIES IF THE INDIVIDUAL CONCERNED IS

NOTIFIED AS A DIPLOMAT TO THE HOST GOVERNMENT AND IRRESPECTIVE

OF WHETHER HE IS REQUIRED AS A WITNESS OR A SUSPECT:

2.

HOWEVER IN THE SPECIAL CIRCUMSTANCES OF THIS CASE WE

ENTIRELY SHARE YOUR INSTINCT THAT THE MATTER SHOULD BE DEALT WITH

IN AN INFORMAL AND LOW-KEY WAY. BUT OUR PREFERENCE WOULD BE FOR

WOOD TO SPEAK TO THE NCNA INFORMALLY AND AT A FAIRLY LOW LEVEL BEFORE APPROACHING CHUNG. WOOD WOULD OF COURSE NEED TO MAKE IT

CLEAR THAT CHUNG WAS NOT A SUSPECT AND THAT HE WAS MAKING THIS INFORMAL APPROACH AS A MATTER OF COURTESY AND IN THE INTERESTS OF

OUR GOOD RELATIONS WITH THE NCNA.

3.

PROVIDED THE INITIAL REACTION OF THE NCNA AND CHUNG WAS

FAVOURAOLE, WOOD'S APPROACH WOULD NEED TO BE FOLLOWED UP BY A FORMAL REQUEST TO THE HEAD OF NCNA TO WAIVE CHUNG'S IMMUNITY ON

BEHALF OF THE CENTRAL PEOPLE'S GOVERNMENT. WE SHOULD OF COURSE

NEED TO THINK AGAIN IF THE NCNA REACTION WAS ANYTHING LESS THAN POSITIVE.

HOW E

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CONFIDENTIAL