ITUB. 14/40.
CONFTD LAL
29 September, 1967.
9
Leases
I would like to have your first thoughts on a matter in which we, in the United Kingdom, night be able to holp Hong Kong: in moeting e problem that has arisen in their confrontation with the local Communists.
2.
You will imow from reports of events in Hong Kong that the "Culturel Revolution" in China has encouraged the Communists in the Colony (with very little tangible support from the Chinese Peoples Government in Peking) to challenge the authority of the Hong Kong Government. They have openly stated that their aim is the overthrow of British rule there. The Hong Kong Government has hit back firmly and a considerable number of the hard-core Communists have been convicted and sontenoad to tome of imprisonment for a variety of offences. A few of these are serving long-term sontances.
3. The Governor of Hong Kong is concerned that long prison sentences may no longer bo having a deterrent effect boosuse the prisoners have beɑn told or led to believe that they can expect to be released in the not distant futuro with the overthrow of British rule. He has tentatively suggested that the way to deal with this might be to aand longer-term prisoners to the United Kingdomm to serve out their sentoncos. This has particular signifionnos in relation to the penalties that are being handed out for use of bombe and other explosivo devices which are the latest weapon in the campaign of terror that certain militant Co«uniet olements are pursuing. The use of bombo has led to a public demand in long Fon- for the extension of the death penalty to the offence of possessing explosive devices; this would, of course, present us with very real difficulties both here in the United Kingdom and vis-s-vis China. It might halp to avert this pressure if we dould be soon to be taking other steps to improve the deterrent impact of sentences of imprisorment given for much ofïancas.
4. We have been asked by our Ministers to look into this suggestion of the Governor's. Our preliminary examination of the legal position indicates that it would not be possible to set up an arrangement of this kind under the Colonial Prisonora Removal Act without apocal legislation in Hong Kong. This in itself may present serious difficulties which Lord Shophord will be considering with the Govornor when he visits Hong Kong shortly. However, legal issues apart, wo should be grateful to have your reactions to a proposal that a fow longer-term prisoners might be sent to the United Inɛdos to serve their cantenoos.
5. It is difficult to say at this point of time how long such an arrangonent would need to last: a return to normality in Hong Kong must dopend very much on the course of events in mainland China (where thero is much confusion) and the affect of all this on China's policy towards the Colony. But we would, of course, onsure that any prisonera held here are returned to Hong Kong before release and could no doubt sat a term to the custody here of life imprisonment L (if any) wheru, I understand, certain special difficulties might arise.
C.H. Prior Esqe,
Criminal Department,
/would
Home Offion,
Whitehall, 5.4.1.
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