Flags A & B.
242
Mr. Carter
11
Reference.......
448
The Minister has mentioned on two occasions, recorded on this file, the possibility of using the system of "suspended sentences in Hong Kong with a view to securing the conditional release of certain prisoners now serving sentences for crimes of a political nature.
2.
The Minister, in putting forward the suggestion, had in mind the idea of making some form of gesture to the C.P.G. in Peking in the hope that this might eventually lead to the release of Mr. Grey, Reuters' correspondent in Peking now under house arrest there, and possibly to an improvement in the situation of our Mission staff in Peking.
3. The system of" suspended sentences", however, is one which can have only very limited application to the present situation in Hong Kong. For one thing, the ordering of a suspended sentence is a judicial as opposed to an administrative act. It would be entirely within the discretion of a Court whether such a punishment should be imposed in any particular case. For another, the system could only be used in the case of prisoners awaiting trial or sentence: it could not be used in connection with any prisoner already sentenced to imprisonment.
As you stated in your minute of 12 January, the system of "release on licence" offers more promise so far as the present and possible future restrictions in Hong Kong are concerned, and would appear to meet the point that the Minister has in mind. It has apparently already been adopted in certain dependent territories.
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5. In any event, there is at present no legislation in Hong Kong under which either a system of "suspended sentences" or one of "release on licence" could be operated. And the intro- duction of either system would accordingly require the enactment of the necessary legislation by the Hong Kong Government. They have not, so far as I know, as yet expressed any interest in introducing either system, and if the idea is to be pursued, therefore, the first step would be to ask International and and General Department (who deal with the subject of the treat- ment of offenders) to take the matter up in consultation with us, with a view to suggesting to Hong Kong that it might well be in their interest to introduce both or either of the systems (particularly the release on licence system); and at the same time give Hong Kong whatever guidance may be available on the subject in the form of legislation already enacted in other territories or in any other form,
6. As you know, we are about to try out other ploys in an attempt to persuade the Chinese to modify their attitude towards Mr. Grey and our Mission in Peking; but there is no reason why we should not at the same time pursue the matters referred to above. If you agree, I will take the matter up with Mr. Terrell.
Mr. Terrell
63. 8. 2
I mentioned to you some time ago that we were interested in the subject of releasing prisoners on licence in connection with a proposal that we might extend some form of amnesty to communist prisoners in Hong Kong.
Mr. Gaminara's minute above summarises
/the background..