TNAG-2283-FCO40-3283-Attorney-General-for-Hong-Kong-and-the-Hong-Kong-Legal-Depar-1991 — Page 48

CODE 18-77

COVERING SECRET

Reference.

Mars 370/1_

FER 1091

о

Mr Fifoot

Legal Adviser

CHARLES WARWICK REID: POSSIBLE TEMPORARY REMOVAL TO A UK PRISON

1.

I would be very grateful for your comments (or elaboration on two points raised in Hong Kong's most recent telno 15 on this subject.

(i) para 2b) mentions "the judicial review" of the case. I understand from newspaper reports that Reid has complained about his custody arrangements is this the connection with the judicial review or are you aware of some other matter? If not, I shall telegraph Hong Kong.

(ii) in para 4, Hong Kong's legal advisers have suggested using Rule 6 of the prison rules to return Reid to Hong Kong to give evidence and then Section 3 of the Colonial Prisoners Removal Act to return him to Hong Kong permanently. Your manuscript note on the telegram suggests that using Rule 6 would mean that Reid would not be in custody or subject to restraint, and could escape. I would be grateful for your elaboration on Rule 6 and your comments on what HKG are in general proposing in this paragraph.

2. Before submitting to Lord Caithness, I would like to establish whether or not we can devise a viable scheme for holding Reid here, while still providing for his movement to and from Hong Kong. If we cannot, I shall need to confirm with Hong Kong that they still wish to make the contingency arrangements.

8 January 1991

PJYASZ VAS

Gill Coglin

G Coglin (Ms)

Hong Kong Department WH311

270 2652

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