TNAG-2283-FCO40-3283-Attorney-General-for-Hong-Kong-and-the-Hong-Kong-Legal-Depar-1991 — Page 27

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

PA HKB 370/1.

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FM HONG KONG

TO IMMEDIATE FCO

TELNO 455

OF 11024OZ FEBRUARY 91

©

YRTELNO 83: CHARLES WARWICK REID

11/2.

де

030111

MDADAN 7879

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1. ON 6 FEBRUARY, JUDGEMENT WAS GIVEN ON THE JUDICIAL REVIEW OF THE LAWFULNESS OF REID BEING HELD IN TAC CUSTODY. THE JUDGE RULED THAT THE DEPUTY TO THE GOVERNOR'S ORDER WAS LAWFUL. REID CAN THUS REMAIN IN ICAC CUSTODY.

2. NOTHING HAS HAPPENED SINCE MY TELNO 15 TO MAKE ME RECONSIDER MY VIEW THAT REID CAN BE HELD SAFELY IN HONG KONG.

3. ACCORDINGLY, I DO NOT AT PRESENT CONSIDER IT LIKELY THAT WE WILL WISH TO MAKE ARRANGEMENTS FOR REID TO BE TRANSFERRED TEMPORARILY TO THE U K. HOWEVER, IT WOULD STILL BE HELPFUL TO KNOW WHAT STEPS WOULD BE REQUIRED IF THIS SHOULD BECOME NECESSARY.

4. WE HAVE RECONSIDERED THE USE OF PRISON RULE 6 OF THE PRISON RULES IN THE LIGHT OF THE PROBLEMS POINTED OUT IN TUR AND AGREE THAT IT DOES NOT PROVIDE A VIABLE OR SATISFACTORY MEANS OF ENSURING REID'S RETURN TO HONG KONG. FURTHERMORE, WE CAN FORESEE POTENTIAL PROBLEMS WITH THE USE OF SECTION 5 OF THE NEW CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT WHEN IT COME INTO FORCE, BECAUSE THE NEW PROCEDURE REQUIRED REID'S CONSENT TO RETURN.

5. IT IS STILL TOO EARLY TO DECIDE WHETHER REID SHOULD BE TRANSFERRED TO THE UK AFTER HE HAS COMPLETED BEING DEBRIEFED AND GIVEN EVIDENCE. OUR UNDERSTANDING (FROM YRTELNO 2266) IS THAT YOU WOULD (SEE NO DIFFICULTY WITH THIS SINCE WE HAVE AGREED (IN MY TELNO 15) TO PAY THE COSTS OF REMOVAL AND MAINTENANCE. SUBJECT TO YOUR CONFIRMATION THAT OUR UNDERSTANDING IS CORRECT, THE MATTER CAN REST AND BE REACTIVATED LATER IF NECESSARY. I DO NOT/NOT PROPOSE TO TAKE A DECISION AT THIS STAGE ON WHETHER I WOULD WISH TO ARRANGE FOR SUCH A TRANSFER.

WILSON

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