6.
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Jay said that the conversation then came back to Grey and the possibility that Peking might be prepared to think in terms of an exchange. LI said that, from previous conversations with Jay, he had understood that this was very difficult to achieve with a convicted prisoner, but on reflection thought that it was probably worthwhile putting the possibility of a.. proposal of this type to Cater. accordingly agreed to try out this approach.
7.
Jay
I then took the opportunity to explain to Jay the exercise of the Royal Prerogative. I said that this was used only in very special circumstances, for example if new evidence came to light which proved that a prisoner had been wrongly convicted: in such circumstances the Governor may exercise the Royal Prerogative. Similarly, if, say, a convicted prisoner were dying and yet still had some time to serve of his sentence, perhaps as an act of mercy the Royal Prerogative might be used so that he may be able to spend his last days with his family. Jay instantly said that he remembered "now that you mention it"! reading some time ago of the Royal Prerogative being used in the case of a person who still had some five weeks of his sentence to serve but who was released to go back to Britain to see his old mother, who was dying. With HSUEH Ping having only a few weeks to go before the date of release, Jay thought that perhaps the use of the Royal Prerogative in such a case would not necessarily form an awkward precedent which might result later in the demand for release of other prisoners.
8.
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We then, at long last, got down to discussing the next move. It was agreed that Jay should now write at once to CHOU En Lai's Secretary along the lines discussed and agreed last Tuesday (17th September) i.e., in reporting generally on the situation, Jay would say that all the outstanding problems of last year now appeared to be settled, etc., except for the case of Anthony Grey. He would ask what the position was on the subject and whether there was anything that could be done about it.
9.
As for the conversation with LI, I suggested that there was no immediate hurry about this, but that should LI press him he should say that he had mentioned the question of a possible exchange for Grey to me; that I had not been very keen on the proposal and had suggested that there were consider- able difficulties in doing anything on these lines - although it might just be possible to invoke the Royal Prerogative as HSUEH' $ term had not long to go; that I would be thinking the matter over and would be speaking to Jay about it later.
10.
In further discussion with Jay, he told me that CHOU En Lai had several Secretaries, but that the one he was in contact with was called "Small Leung". Leung had been a colleague of CHOU's for many years and, indeed, had been on the Long March. The contact with CHOU was made through Leung, because if Jay were to address letters or cables directly to CHOU, one of the other Secretaries might well open the correspondence, whereas if it were addressed to Leung directly, it would only go to him. In practice, Jay wrote to CHOU, sealed the envelope, and then sent it via Leung with a covering letter and envelope.
/contd.....
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