Ms Ceilin
Spotle
Ujo
CONFIDENTIAL COVERING SECRET
~ Mr Stone,
ל
the answer
We have the
lokke Judicial review,
18
HKB 370/1.
From:
but not to work arrangements
16 moving WR. A telegram Date:
an think. on x1, I thin ciglin 10/1
Ms Coglin, HKD
CHARLES WARWICK REID: POSSIBLE REMOVAL TO UK
1.
GC
Paul Fifoot Legal Advisers
10 January 1991
HKB 370/1
I know no more about the judicial review than is contained in Hong Kong telno 15.
2.
나
As regards the shuttling of Reid backwards and
orwards,
the use of the Colonial Prisoners Removal Act would as I commented in my minute of 22 November, be rather contrived so far as his return to Hong Kong is concerned. However, the somewhat cryptic reference to Rule 6 of the present rules is not convincing either. Rule 6 is as follows:-
"Temporary release
Prison
6.-(1) A prisoner to whom this Rule applies may be temporarily released for any period or periods and subject to any conditions.
(2) A prisoner may be temporarily released under this Rule for any special purpose or to enable him to engage in employment, to receive instruction or training or to assist him in his transition from prison life to freedom.
(3) A prisoner released under this Rule may be recalled to prison at any time whether the conditions or his release have been broken or not.
(4) This Rule applies to prisoners other than persons committed in custody for trial or to be sentenced or otherwise dealt with at or by assizes or quarter sessions, or remanded in custody by any court.
It does not provide for the prisoner to be released into anyone's custody and although there may be some de facto arrangement for custody, it could not preclude his doing a bunk. Perhaps we should ask HKG how they think Rule 6 "may be appropriate".
3. The really frustrating matter about this question is that there is a perfectly good provision in section 5 of the Criminal Justice (International Co-operation) Act 1990, but that provision does not yet appear to have been brought into force.
7PFAAI
A Home office statute, subject 18
delaying clause. No date set for
ito entry in18 law. Would
по ведь
be used on and how best
is need
arse
•
Paul Fifoot
CONFIDENTIAL COVERING SECRET
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