#
SECRET
- 6-
20.
If the Governor's suggestion is to be pursued, it will therefore be necossary to determine whothor tho romoval of a prisoner from Hong Kong to the United Kingdom for political reasons could lawfully be authorised on one or othor of the grounds mentioned in paragraph 19 above. It will also bo nocossary to secure tho agrooment of the Home Office to such a course.
21. The proliminary view at official level in the Home Office is that the
romoval of a prisoner from Hong Kong to the United Kingdon in the circunstancos statod could lawfully be carried out on ground (a). Legal advice in the Commonwealth Office is:-
(i) that it might (with sono doubt) be argued that such
ronoval on ground (d) would be lawful if the removing authority (i.. the Secretary of State with tho concurrence of the Hong Kong Government) was satisfied
that the prisonor's romoval would be expodicnt for
noro officiently carrying his sontonco into offcct e.g. because prison sentences in Hong Kong did not havo tho
nocossary deterrent effect;
(ii) that the only ground on which such ronoval could bo
authorisod for political reasons, without any lcgal doubt arising, is ground (o).
22. The arguments in support of using ground (d) would undoubtedly bo weakened if the situation in Hong Kong were to improve to a point whore bomb outragos consod. Thoro would then bo no roason to supposo that prison sontoncos woro not having a dotorront effect.
23. The removal of a prisonor on ground (e) requiros tho oxistonco in Hong Kong of a law such as is roforrod to in that ground. No trace of any such law can bo found in the latest rovisod odition of the Laws of Hong Kong. Any such law, if enacted by the Government of Hong Kong, would require submission to Hor Majesty in Council for the exorciso of Hor powers under Section 12 of the Act to direct that the law should have offect throughout the dominions and on the high scas as if it word part of tho Act. It appears from the rocords that the
only instance of the exercise of this power since 1884 is an Order in Council of
December 1961 relating to the removal from Coylon of prisoners whose doath
sontonces had been commutod.
24, The matter is being further investigated in consultation with the Hone Offico. Any further information which is forthcoming before the Minister's doparture for long Kong will be the subject of a soparato noto.
Hong Kong Dopartmont,
October, 1967..
SECRET