TNAG-2088-FCO40-2973-Diplomatic-representation-of-third-countries-in-Hong-Kong-1990 — Page 78

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CONFIDENTIAL

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CONFIDENTIAL

RECEIVED IN

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O 8 MAR 1990

TO DESKBY 24010OZ HONG KONG

DESI

TELNO 426

INDEX

OF 23180OZ FEBRUARY 90

INFO IMMEDIATE CARACAS, PEKING

177007

MDHOAN 3800

56

OP COPY Q DIST ?

YOUR TELNO 689: ALLEGATION OF CORRUPTION AGAINST ACTING CONSUL GENERAL OF VENEZUELA, GONZALO RAMIREZ CALLES

1.

FCO LEGAL ADVISERS AGREE THAT THE EVIDENCE AGAINST RAMIREZ IMPLIES PRIVATE UNOFFICIAL ACTS OVER WHICH HE WOULD ENJOY NO IMMUNITY. THERE ARE HOWEVER GROUNDS FOR LEGAL ARGUMENT UNDER ARTICLE 43 OF THE VIENNA CONVENTION. THE BEST COURSE WOULD THEREFORE BE TO ARREST HIM UNDER ARTICLE 41.

2. TO ENSURE THAT THERE ARE NO COMPLICATIONS UNDER ARTICLE 43, WAIVER OF IMMUNITY BOTH AGAINST PROSECUTION AND AGAINST MEASURE OF EXECUTION SHOULD BE APPLIED FOR. UNDER NORMAL CIRCUMSTANCES SUCH AN APPLICATION WOULD BE MADE TO THE OFFENDER'S HEAD OF

WE MISSION: THIS WOULD CLEARLY BE INAPPROPRIATE IN THIS CASE. WILL NEED TO APPLY FOR WAIVER TO THE VENEZUELAN AMBASSADOR IN LONDON.

GRATEFUL THEREFORE IF YOU COULD INFORM US AS SOON AS THE ARREST HAS BEEN CARRIED OUT. UNDER ARTICLE 42 WE ARE REQUIRED TO INFORM THE VENEZUELAN AMBASSADOR OF THE ARREST, AND WE WILL AT THE SAME TIME APPLY FOR WAIVER OF ANY IMMUNITY RAMIREZ MIGHT CLAIM BOTH AGAINST PROSECTION AND AGAINST MEASURE OF EXECUTION. GRATEFUL IF YOU COULD LET US HAVE DETAILS OF THE ARREST AND IF YOU COULD CONFIRM THE CHARGES THAT WILL BE BROUGHT. RAMIREZ' COUNSEL MAY ARGUE THAT RAMIREZ SHOULD ENJOY IMMUNITY UNDER ARTICLE 43. YOU SHOULD DEFEND THIS ON THE GROUNDS THAT THE FRAUDULENT ACTS OF WHICH RAMIREZ IS ACCUSED WERE NOT CARRIED OUT WITHIN THE EXERCISE OF HIS PROPER FUNCTION AS A CONSULAR OFFICIAL.

HURD

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