TNAG-2283-FCO40-3283-Attorney-General-for-Hong-Kong-and-the-Hong-Kong-Legal-Depar-1991 — Page 46

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

SECRET

113370/1

124034

MDHOAN 5698

SECRET

FM FCO

TO IMMEDIATE HONG KONG TELNO 83

OF 151505Z JANUARY 91

CORRECTED VERSION

:

PERSONAL FOR GOVERNOR FROM MARSDEN, HKD

flop

TOP COPY DIST?

YOUR TELNO 15: CHARLES WARWICK REID: CONTINGENCY ARRANGEMENTS

1.

USE OF RULE 6 OF THE PRISON RULES TO RETURN REID TO HONG KONG, AS SUGGESTED IN PARA 4 OF TUR, WOULD APPEAR TO HAVE POSSIBLY SERIOUS DRAWBACKS. THE PROBLEM IS THAT RULE 6 DOES NOT PROVIDE FOR A PRISONER TO BE RELEASED INTO ANYONE'S CUSTODY. IF RELEASED UNDER RULE 6, REID WOULD NOT BE IN CUSTODY OR SUBJECT TO RESTRAINT AND COULD THEREFORE ESCAPE. IN VIEW OF THIS RISK, WE WONDER WHETHER IT IS A VIABLE OR SATISFACTORY ALTERNATIVE. WE WOULD BE GRATEFUL FOR YOUR FURTHER THOUGHTS ON THIS.

2.

WE ARE AWARE THAT THERE IS AN APPROPRIATE PROVISION IN SECTION 5 OF THE CRIMINAL JUSTICE (INTERNATIONAL COOPERATION) ACT 1990. HOWEVER THIS PROVISION HAS NOT YET BEEN BROUGHT INTO FORCE AND AT PRESENT NO DATE HAS BEEN SET FOR ITS IMPLEMENTATION. UNFORTUNATELY IT IS THEREFORE UNLIKELY TO BE OF USE TO US, AT LEAST IN THE SHORT TERM.

3.

WE SEE NO DIFFICULTY IN RECOMMENDING THAT REID BE TRANSFERRED TO THE UK IF CIRCUMSTANCES WARRANT IT, BUT THERE DOES NOT SEEM TO BE AN APPROPRIATE MEANS OF RETURNING HIM TEMPORARILY TO HONG KONG. THE RISK IN TRANSFERRING HIM HERE IS THUS THAT HE MAY THEN BE LOST FOR EVIDENCE AND WITNESS PURPOSES. IN VIEW OF THIS PROBLEM, GRATEFUL FOR CONFIRMATION THAT YOU WOULD STILL LIKE US TO MAKE CONTINGENCY PLANS.

HURD

YYYY

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