TNAG-2283-FCO40-3283-Attorney-General-for-Hong-Kong-and-the-Hong-Kong-Legal-Depar-1991 — Page 40

SECRET

IMMEDIATE

residue of his sentence in Hong Kong. It might be possible so to use Section 3 and Section 2 to return Reid to Hong Kong for the completion of his sentence prior to the time when it is necessary for him to give evidence and, if after giving evidence, it is concluded that there is still a danger to his Life if he were to remain in Hong Kong, to remove him to the United Kingdom a second time under Section 2.

4.

As this course is rather contrived, however, we have also examined the possibility of using Section 4 of the Repatriation of Prisoners Act 1984, which allows for the issue of a warrant for the transfer of a prisoner both out of and into the United Kingdom if the prisoner has previously been transferred into the United Kingdom 'under this Act or any other enactment''. The latter phrase clearly covers the Colonial Prisoners Act. But a possible difficulty with this Act is that an original transfer into the United Kingdom under the Act may only take place if the person concerned is a British citizen or he has close ties with the United Kingdom. If, as a New Zealander, Warwick Reid does not fall within these criteria, it is arguable that the same inhibitions as apply to an original transfer to the United Kingdom would also apply to a return to the United Kingdom after a temporary absence under Section 4.

5. Before submitting to Ministers on this matter, it would therefore be helpful to know:

a)

if the Hong Kong Government would be prepared to meet the costs of Reid's removal to and maintenance in the UK;

b)

whether Warwick Reid is a dual British citizen or has other close ties with the UK;