Mr. Carter
Reference...
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On the 17th February, Mr. Goronwy Roberts replied orally to a Question by Mr. Frank Allaun on the subject of the practice of "locking-in" in Hong Kong prisons. Material for the reply was provided & C in Hong Kong telegrams no. 120 and 827.
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2.
In a Supplementary Question Mr. Allaun asked whether it was correct that the Hong Kong prisons regulations confined the practice of "locking-in" to a maximum of three months, whereas some prisoners had been in confinement for eight months. The Minister undertook to check the point and to let Mr. Allaun know if there was anything in it.
3.
The above enquiry by Mr. Allaun is not altogether understood. No practice of "locking-in" exists in the Hong Kong prisons and the Hong Kong prisons legislation does not provide for it or even mention the expression. In fact, there is no trace in that legislation of any reference to a maximum three months confinement in any context.
4.
But it seems fairly certain, from Mr. Allaun's reference to the period of eight months, that he is in fact referring to the situation described in Hong Kong telegram no. 827 and in paragraph 5 of Hong Kong telegram no. 120. Those telegrams tell us that during the eight month period November, 1967-June, 1968, certain Communist confrontation prisoners were confined to their cells, except for the normal exercise periods, because they refused to work. Refusal to work on the part of a prisoner constitutes an offence against prison discipline. Such an offence is punishable by one or more of the following punishments:
separate confinement
forfeiture of remission forfeiture of privileges deprivation of earnings.
None of these punishments was in fact imposed on the occasion referred to above. This was because the Governor was anxious to avoid taking any action which might further exacerbate the already tense situation which existed at the time vis-à-vis the local Communists and indeed the Chinese Peoples' Government itself. In following this course, the Governor ran the risk of criticism from the general public that special consideration was being shown to Communist prisoners. This in turn might have had an effect on public confidence in the Colony. It is for these reasons that the Governor suggested, in paragraph 6 of Hong Kong telegram 120, that the information in paragraph 5 of that telegram should be used with discretion.
5.
In terms of the Minister's undertaking to Mr. Allaun, there is no obligation to take the matter further; but on balance I suggest that it would be wise for the Minister to write to Mr. Allaun since it would be better to give him such information as may be necessary by letter rather than risk having it brought out by possible further Questions in the House.
16.