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B
The Governor has therefore asked for our agreement in
advance to putting a positive recommendation immediately to
the Home Secretary should the Governor decide that Reid's
removal is urgently required. (We have explored the possibility of moving Reid to New Zealand but Hong Kong Government do not have a transfer of prisoners agreement
with New Zealand or the legal mechanism to do so).
7.
In Hong Kong telno 3405 the Hong Kong Government
suggested that Reid could be removed under Sections 2(A) and
(D) of the Colonial Prisoners Removal Act 1884. Under Section 5 of the Act the Home Secretary would be able to use
his authority to remove Reid to a suitable institution in
the UK.
C
D
8.
In our telno 2266 we indicated to Hong Kong that there is no legal difficulty with removing Reid to the UK under
the relevant sections of this Act. The Home Secretary's
agreement would however need to be obtained as would the
Treasury's, unless the costs of removal and maintenance in
this country were to be borne by Hong Kong. The Hong Kong Government has now (telno 15) confirmed that it would pay
the costs of Reid's transfer and maintenance.
9.
The difficulty with removing Reid to a UK prison is that he would have to be returned to Hong Kong as necessary to give evidence in the trials of those he has implicated in his corrupt activities. The Colonial Prisoners Removal Act
of 1884 however has no provision for the temporary return of prisoners.
D 9. Hong Kong has now suggested (telno 15) that Rule 6 of
the prison rules may be appropriate to move Reid temporarily back to Hong Kong to give evidence. If, after giving evidence Reid's life was no longer considered to be in danger, he could then be returned permanently to Hong Kong under Section 3 of the Colonial Prisoners Removal Act. However, legal advice here is that if Reid was released
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