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3.
nine months' imprisonment.
It was pointed out that
similar offences had drawn sentences of five to eight
years at the time of confrontation. It was not being
suggested that persons for whom warrants of arrest were
outstanding should be given hefty sentences thus adding
to the number of long-term confrontation prisoners; but
it illustrated the problem of dealing with these cases.
There was a danger that the Hong Kong public might
construe such a light sentence either as evidence of the
arbitrariness of the Hong Kong legal system or that it
was susceptible to political pressure. The Governor
replied that in his own view this sentence was far too
lenient; but sentences were for the courts to decide and
judges were sometimes subject to aberrations of this kind,
particularly when a considerable time had elapsed since
the commission of the offence charged.
(289
Commenting on a point raised in Hong Kong telegram No. 869
and embodied in paragraph 8 that "any concession in Hong Kong
which might be interpreted as boing in response to Chinese
policies involves some risk", the Governor emphasised that
policy decisions were taken on the basis of whether the policy
was correct or not and that if it so happened that a decision
might give some comfort to the communists, this would not deter
him from taking it if he thought that it was correct.
4. In conclusion, the Governor said that he agreed generally
with the content of the paper. He added that the Hong Kong
Government was faced with two special pre-occupations at present:
/ (a) the
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(a) the need to persuade the communists to come back
within the law;
(b) the need to study events during the last three years
was
to see what/required to place the Colony in a better
position to deal with any subsequent resurgence of
communist effort. A preliminary study had suggested
that a number of minor amendments needed to be made to
existing administrative practices and to certain
Ordinances. The Education Ordinance was so hedged with
safeguards that it had been found difficult to implement
it during the emergency.
There was also a need to
improve the administration arrangements for the frontier
area to avoid any repetition of the confusion which arose
during 1967.
5. It was pointed out that the Hong Kong public would require
some explanation for the amendment of Ordinances and that
careful account should be taken of the likely communist
reaction to such amendments.
Far Eastern Department,
4 December, 1969.
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age 9
age 9
ན་
CYPHER CAT A
PRIORITY HONG KONG
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OFFICE
TO FOREIGN AND COMMONWEALTH OFFICE
LEGRAM NUMBER 869
14 NOVEMBER 1969
289
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7620
cr(282
ADDRESSED TO FOREIGN AND COMMONWEALTH OFFICE TELEGRAM NUMBER 869 OF 14 NOVEMBER REPEATED FOR INFORMATION PEKING.
PEKING TELEGRAM 66 TO YOU.
1788
I HAVE NOT REACTED EARLIER TO THE TELEGRAM UNDER REFERENCE, AS THE SITUATION IT ENVISAGED HAS TO AN EXTENT BEEN OVERTAKEN BY EVENTS, FOR EXAMPLE THE SUBSEQUENT TRICKLE OF BRITISH SUBJECTS RELEASED,
THE ARREST OF
AND CONCLUDING WITH THE DIALOGUE
REFERRED TO IN YOUR TELEGRAM NUMBER 499 TO PEKING,
2. WE ARE NOT THINKING IN TERMS OF ANY IMMEDIATE OR DRAMATIC CHANGE OF POLICY FOLLOWING THE RELEASE OF GREY, BUT WE DO HAVE UNDER REVIEW THE VARIOUS AREAS IN WHICH WE HAVE IMPOSED RESTRAINTS ON OURSELVES, PARTICULARLY THOSE AREAS IN WHICH IT MIGHT APPEAR TO THE PUBLIC THAT COMMUNISTS OR COMMUNIST INSTITUTIONS WERE ENJOYING A MORE FAVOURABLE POSITION THAN THE GENERAL POPULATION. THE REVIEW WILL IN ANY CASE TAKE SOME TIME, AND I WOULD NATURALLY ADVISE YOU IN ADVANCE OF ANY CHANGE OF DIRECTION CONTEMPLATED IN ANY PARTICULAR
AREA WHICH MIGHT HAVE REPERCUSSIVE EFFECTS.
3. YOU WILL OF COURSE UNDERSTAND THAT TO AN EXTENT THE ADMINISTRATION HERE IS AT THE MERCY OF EVENTS, A GOOD EXAMPLE IS THE CASE OF THE MEN WANTED FOR CRIMES COMMITTED DURING THE 1967 CONFRONTATION, WHICH IS SPECIFICALLY MENTIONED IN THE TELEGRAM UNDER REFERENCE. THE LIST HAS BEEN MOST CAREFULLY REVIEWED AND NOW NUMBERS 33, ALL OF
/WHOM ARE
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RECEIVED IN REGISTRY No.51
25 NOV 1969
LAST
REF.
(282) 291
1.
NKK 1/12
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