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The
resume their influence, particularly in the New Territories. orders are for a fixed period; although renewable, it is not the intention to keep prisoners under supervision for long periods. The offence of not having complied with an order becomes barred by
the Statute of Limitations after six months. The Governor cited
the case of detainee No. 15 as an example; the order in his case
runs for three months; it might have to be renewed but the
Governor thinks it will probably have served as an adequate warning
to behave without renewal. The Police have instructions to arrest
him if he is seen in a public place, but not to search him out on
private property. It is most likely that he will not be arrested.
9. In this exchange of telegrams with Peking the Governor recognised that the orders would give some ground for communi st propaganda but reaffirmed his view that they offered a means of
earlier release from detention. He indicated that he was
considering the release on supervision orders of four of the five remaining detainees (Nos. 3, 29, 31 and 34).
Argument
10. The arguments in favour of the immediate or early release of
the remaining detainees may be said to rest on three grounds :
(a) the effect that such release might have on the situation
of Mr. Grey, who is still under detention in Peking;
the effect that it might have on Sino-British relations
generally;
(6)
(c)
distaste at the departure from the normal rules of British
justice which is involved in detaining persons without
trial.
establish any direct link
There is the risk that
11. The Chinese have not sought to
between Mr. Grey and the detainees. gestures of de-escalation on our part may be construed by the Chinese as a sign of weakness, encouraging
them to make further demands.
may well not be matched and
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