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CONFIDENTI AL

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FOREIGN AND COMMONWEALTH OFFICE

3 May. 1969

CONFIDENTIAL

Addressed to FCO telegram No. 290 of 3 May. Repeated for information to Hong Kong.

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Hong Kong telegram No. 328: Yu Hua middle school.

I am glad that dangers of imposing a term of imprisonment on Wang are recognised. If this were done the Chinese would I

am sure react very strongly regarding it however unreasonably as

a deliberate move to raise tension at a time when their local sympathisers in many fields are clearly under instructions to avoid provocation; and the situation in the colony is entirely quiet, It would in my view exstinquish hope of progress over detained British subjects for duration of sentence and nullify the effects of release of detainees and prisoners on this and other aspects of Sino/British relations. I hope therefore we can be sure that in- timation of the court would have the desired effect and there is no chance once the judicial process has begun that ineluctable course of law will not result in sentence of imprisonment being imposed.

2. A fine or even conditional release would also administer set-back to progress over Sino/British problems though of a lesser order. The danger I see here is that Wang might refuse to pay the fine and might then be liable to prison sentence for failure to do so or if he received suspended sentence he might continue to flout the ordinance again becoming liable to severe penalties including imprisonment. In these cases consequences for Sino/British relations would be much the same as those set-out in preceding paragraph. I am conscious that this is a difficult and delicate case. I hope. however, that even at this stage further consideration could be given to some means of dealing with it without recourse to judicial action.

FCO pass to Hong Kong.

[Repeated as requested]

Mr. Denson

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MR. MORETON

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REGISTRY No.51 - 5 MAY 1969

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