TNX 1/6.
Minutes
RECEV IN A/
E23
30 MAR 1966
TNX1/17
The transcript of the proceedings is ako attachas (in the blue covers)
A meeting was held on 16 March to consider the position which arises in the light of Demetriou's ex parte motion for leave to apply for a writ of habeas corpus which was granted in the Queen's Bench Division on 11 March. (See the Times cutting attached which reports those proceedings). The meeting, which was convened by Mr. Watts, was attended by Mr. Peacock (Treasury Solicitor), Mr. Dowling (Director of Public Prosecutions), Mr. Rudd, Mr. Harvey and Mr. Gange of the Home Office and myself. Before the meeting, Mr. Peacock and Mr. Dowling agreed that the Treasury Solicitor should handle the case to the exclusion of the D.P.P. Mr. N. Bridge will be briefed as Counsel by the Treasury Sol: itor.
Polo.24
NOTHING TO BE WRITTEN IN THIS MARGIN
It was decided at the meeting that our argument should be to the effect that Section 5 of the Foreign Jurisdiction Act, 1890, taken together with the Qatar Order 1959, was adequate for the application of the Fugitive Offenders Act 1881 to the present case. As a subsidiary argument, the power to make an Order under Section 36 of the Fugitive Offenders Act, 1881 could be used particularly since paragraph 2(e) of the Second Schedule to the Qatar Order appeared to derive from the power given by 5.12 of the 1881 Act, thus showing that powers given by that Act were not excluded by the fact that the preamble to the Qatar Order refers expressly only to the Foreign Jurisdiction Act 1890 as the enabling power. But the argument was recognised to be weak. Mr. Peacock also said that the Fugitive Offenders Act, 1881, was essentially an Act of reciprocal application, and an argument in favour of one way rendition (Qatar to U.K. only) would be a nonsense: this was a point which Mr. Peacock thought would appeal to the Judges. As regards the change of wording in the 1953 and 1959 Orders, compared with the 1949 Order, it was explained that the Foreign Office files threw no light on the reasons.
I understand that the hearing of the application for a writ of habeas corpus will take place on Tuesday, 22 March. I have informed Messrs. Chas. Russell of the Treasury Solicitor's intervention.
/Mr. Donlan
Wt. 43560/43 4/63
Ed. (53)
