18-JUN-1993 19:45
HK GOVERNMENT HOUSE
MA Anticorruption
dive
香港總督府
852 521 1868
P.02
12
GOVERNMENT HOUSE
HONG KONG
VIA FAX
Jaan
Budget,
18 June 1993
HKB 380/2 RECE ** IN REGISTRY
REGISTRY Action Taken
Thank you for your
ax of 15 June to
Bowen Leung.
On bended
knee (which is not the most comfortable position for someone who is thirty-two weeks pregnant!) I apologise profusely for not replying sooner to your original letter of 31 March, also to Bowen Leung.
You asked for background information on the Kaiser case. I attach a note prepared by ICAC which summarises it quite clearly.
Following discussion with the case officer, I would like to add the following points:
(a) The reason why efforts to have Mr Uwe Kaiser extradited to Hong Kong to stand trial here have failed is that under German law
German national cannot be extradited to another country, or in our case, territory.
(b)
While there is provision for a person to be tried in Germany for certain offences committed in a foreign jurisdiction, in this case,
the German State Prosecution authorities decided not to take action against Mr Uwe Kaiser on the grounds that no quantifiable loss had been sustained by his former employers Swire Air Caterers Limited or Cathay Pacific Airways Limited.
As for the questions you raise, the
answers are:
(a) Mr Uwe Kaiser was committed for trial in the Magistrates Court and with his agreement it was then submitted to the High Court. But as you will see from the note, he left Hong Kong before this trial took place.
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