US embassy cable - 05HANOI7

UNCLAS HANOI 000007 
 
SIPDIS 
 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV 
 
E.O. 12958:  N/A 
TAGS: PGOV, PREL, VM 
SUBJECT:  GVN REQUESTS U.S. ASSISTANCE IN RENDITION OF 
"FUGITIVE" IN THAI PRISON. 
 
 
1. (SBU) Embassy received a note December 29 from the 
Ministry of Foreign Affairs requesting U.S. assistance in 
returning the "fugitive" Ly Tong, who is currently serving a 
prison sentence in Thailand (translation of note in para 3). 
(Note:  Ly Tong, a former pilot with the Republic of (South) 
Vietnam Air Force, was arrested and jailed in Thailand in 
November 2000 after commandeering a small plane in Thailand, 
flying it to Ho Chi Minh City, dropping anti-Vietnam 
leaflets over the city and returning to Thailand.  He did 
the same over Havana in January 2000 and had previously 
served six years in a Vietnamese prison when he parachuted 
into HCMC after a 1992 airborne leaflet drop from a 
commercial airliner.  He is currently serving a seven-year 
and four-month jail term in Thailand, and should be released 
in early 2008.  End note.) 
 
2. (SBU) Comment:  In our previous conversations with the 
GVN on this issue, we have noted that Ly Tong is in a Thai 
prison, over which the United States has no jurisdiction. 
Our GVN interlocutors have nonetheless insisted that the USG 
can nonetheless "take care of things."  End comment. 
 
3. (SBU) Begin text of Embassy translation of MFA note: 
 
Ministry of Foreign Affairs 
Socialist Republic of Vietnam 
 
No. 622/NG-LS 
 
The Ministry of Foreign Affairs of the Socialist Republic of 
Vietnam presents its compliments to the U.S. Embassy in 
Vietnam, and further to the Ministry's diplomatic note 32/NG- 
LS dated January 15, 2004, has the honor to present the 
Embassy the following: 
 
1/ On November 17, 2000, Ly Tong, a Vietnamese citizen, used 
force to take control of an aircraft to intrude into 
Vietnam's air space, dropping anti-State leaflets.  With 
this act, Ly Tong had seriously violated both the laws of 
Thailand and those of Vietnam.  Therefore, on December 25, 
2003, Rayong provincial court in Thailand handed down a 
seven-year and four-month prison sentence to Ly Tong on the 
charges of controlling an aircraft with force, flying the 
aircraft illegally out of Thailand's territory, illegal 
immigration and violating criminal laws. 
 
2/ Since Ly Tong is a Vietnamese citizen who violated 
Vietnam's laws in Vietnam's territory, he must be tried and 
held for criminal liability in accordance with Vietnam's 
laws.  In addition, according to information obtained by the 
Vietnamese side, while in jail in Thailand, Ly Tong sent 
messages to a number of Air Force officers of the Vietnam 
Republic (old regime) in Paris, France, saying that, if set 
free, he will fly an aircraft into Ho Chi Minh's mausoleum 
in the capital of Hanoi.  Along with his criminal commitment 
to twice use force to control Thai aircraft (September 1992 
and November 2000) and violate Vietnam's security and 
territory, this shows that the accused is a dangerous 
terrorist, who needs serious punishment and to be under 
close watch. 
 
3/ Once again, the Vietnam has the honor to request the 
United States to cooperate with Vietnam and Thailand to 
extradite Ly Tong to Vietnam for trial in accordance with 
Vietnam's laws so as to seriously punish him for his serious 
terrorist acts against the Socialist Republic of Vietnam. 
 
Vietnam would take note of and highly appreciate the U.S. 
cooperation in response to the above request. 
 
The Ministry of Foreign Affairs avails itself of this 
opportunity to renew the U.S. Embassy in Hanoi the 
assurances of its highest consideration. 
 
Hanoi, December 12, 2004. 
 
End text. 
 
Boardman 
 
 
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