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indicated, it is, in my view, reasonable to proceed. Indeed to do otherwise would arguably be tantamount to giving all consular officers in the territory carte blanche to engage in similar malpractices.
4. As to the interpretation of 'grave crime' in Article 41(VCCR), it is again essential to have the information requested above in order to construct a reasonable argument in our defence. As I understand it, the relevant Hong Kong ordinance defines 'grave crime' in the same terms as the Consular Relations Act 1968 and we were advised that the changes contemplated in the case of Mr Ramirez fulfilled the relevant criteria.
5.
/
Finally I would stress that, given the opportunity for legal argument under the VCCR, it is most important that the HKG act fully in accordance with the procedural requirements of the Convention, in particular Article 41(3).
:
13 March 1990
J S Foakes
Assistant Legal Adviser K158 270 3069
cc Mr Berman, Deputy Legal Adviser
Mr Whomersley, Assistant Legal Adviser Mr Stone, HKD
JFLAGB
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