TNAG-2697-FCO40-3903-Hong-Kong-drugs-1993 — Page 76

HKA 3857,

YOUR TELNO 99: WONG CHI SHING

SUMMARY

FACING EXECUTION

1. JUDICIAL PROCESS EXHAUSTED. ONLY COURSE NOW OPEN IS TO APPEAL TO PRESIDENT FOR CLEMENCY. WONG HAS DONE SO. MFA UNABLE TO DETERMINE HOW LONG PROCESS WILL TAKE.

DETAIL

2. DHM CALLED ON ACTING HEAD OF CONSULAR DEPARTMENT, MFA, THIS MORNING 2 JUNE.

3. LIEU REPORTED THAT WONG HAD ALREADY APPEALED TO THE PRESIDENT FOR CLEMENCY WITHIN THE SEVEN DAYS ALLOWED (NOT FOURTEEN AS THEY HAD ERRONEOUSLY INFORMED US ON 31 MAY). IT WAS NOT POSSIBLE TO DETERMINE HOW LONG IT WOULD TAKE TO REACH A DECISION AND HE WOULD NOT EVEN HAZARD A GUESS.

4. LIEU EXPLAINED THAT THE LEGAL PROCESS HAD NOW BEEN EXHAUSTED. THE SUPREME COURT HAD SAT IN THE FIRST AND LAST INSTANCES ON 28 MAY. ARTICLE 96A OF THE PENAL CODE AMENDED BY THE NATIONAL ASSEMBLY IN 1991 PROVIDED FOR A SENTENCE OF 12-20 YEARS IN SERIOUS CASES OF DRUG CARRYING AND DEATH FOR THE MOST SERIOUS. WONG HAD BEEN CAUGHT WITH 5 KGS. THE ONLY COURSE NOW OPEN WAS TO APPEAL TO THE PRESIDENT FOR CLEMENCY. ARTICLE 27 OF THE SAME CODE STIPULATED THAT A DEATH SENTENCE COULD BE COMMUTED TO LIFE IMPRISONMENT ON SUCCESSFUL APPEAL.

5. DHM POINTED OUT THAT ANY RUSH TO EXECUTE THE SENTENCE COULD BE WRONGLY PERCEIVED ABROAD, PARTICULARLY IN HONG KONG AND BRITAIN. TIME FOR MATURE CONSIDERATION WAS NEEDED. WE WANTED NO FURTHER SURPRISES: WE NEEDED TO BE KEPT FULLY INFORMED AT ALL STAGES. TIMING WAS UNFORTUNATE TOO IN VIEW OF THE FORTHCOMING VISIT OF THE VICE-MINISTER OF FOREIGN AFFAIRS, NIEN, TO LONDON. LIEU REPLIED THAT HE WOULD CERTAINLY INFORM HIS SUPERIORS.

6. AS FOR THE QUESTIONS IN YOUR TELEGRAM UNDER REFERENCE, THE PROCEDURE, ACCORDING TO THE MFA, IS A DIRECT APPEAL TO THE PRESIDENT FOR CLEMENCY. IF WE WANTED TO LODGE AN APPEAL THE BEST CHANNEL WOULD BE BY NOTE FROM YOU TO THE VIETNAMESE EMBASSY IN LONDON.

7. CONSULAR VISITS WERE NEVER REFUSED' AS SUCH: RATHER, NO POSITIVE DECISION TO OUR REQUESTS WAS GIVEN DESPITE OUR ORAL REMINDERS. SUCH THINGS MOVE SLOWLY HERE AND ALTHOUGH NATURALLY OF CONCERN TO US APPEARED VERY MUCH PAR FOR THE COURSE. THE COMPARATIVE SPEED WITH WHICH THE CASE WAS BROUGHT TO TRIAL CONSEQUENTLY TOOK US BY SURPRISE (SO DID THE SEVERITY OF THE SENTENCE). THE FACT THAT OUR NEW CONSUL-GENERAL HAD BEEN PRESENT IN HO CHI MINH CITY FOR MUCH OF THE TIME WAS OF LITTLE HELP IN THAT HE COULD NOT ACT FORMALLY: HIS APPOINTMENT HAD NOT BEEN OFFICIALLY CONFIRMED. A PRISON VISIT HERE IS A FORMAL MATTER. WE HAVE REQUESTED, BY NOTE TO MFA, A VISIT TOMORROW BY CONSUL-GENERAL HCMC.