TNAG-2283-FCO40-3283-Attorney-General-for-Hong-Kong-and-the-Hong-Kong-Legal-Depar-1991 — Page 39

SECRET

ZCZC

SECRET

FM FCO

TO IMMEDIATE HONG KONG

TELNO 2266

OF 281135Z NOVEMBER 90

PERSONAL FOR ACTING GOVERNOR FROM PAUL, HKD

D

IMMEDIATE

YOUR TELNOS 3405 AND 3406: COLONIAL PRISONERS REMOVAL ACT

CHARLES WARWICK REID

-

1. We have been exploring with our Legal Advisers the

contingency arrangements proposed in first TUR.

2. We see no legal difficulty about removing Reid to the United

Kingdom under Sections 2(A) and (D) of the Colonial Prisoners

Removal Act 1884 (not 1984). However, we would need to obtain

the agreement of the Home Secretary and, unless the costs of

removal and maintenance in this country are to be borne by Hong

Kong, the consent of the Treasury would be necessary under

Section 11 of the Act.

3. There appears to be a snag, however, about returning Reid to

Hong Kong to give evidence. There is no power in the Colonial

Prisoners Removal Act for a temporary return, which is perhaps

not surprising having regard to the date of its enactment. A

prisoner may, however, be returned under Section 3 to serve the

Cas 2

CC1ABD

150 10/82?

HKD

ARP 28%.

7001

R M MARSDEN

270 2650

2266

YFB6