PROBLEM
CONFIDENTIAL
Chinen Prümers in Hong Kong
CONFRONTATION PRISONERS
Backing
1:graund
Chinese
in Hong Kong
during
There are now 115 confrontation prisoners all of whom were
the disrmbands of 1967. originally sentenced to four years imprisonment or more
more Of these five
confront divicted of offences involving violence, 87 for possession of offensive weapons, and 23 for possession or the use of explosives.
2.
Thirty five of the 115 are due for release during the remainder
of this year.
Assuming in all cases no loss of remission, another
29 will be released in 1971 and a further 29 in the two years 1972 and
1973; the remainder, with the exception of two serving life sentences,
will be released in the period 1974-77.
BACKGROUND-
The Governor's Prerogative
3. Under the Letters Patent, the Governor may grant to any convicted
offender a pardon, either free or subject to lawful conditions, or any
remission of the sentence. In the exercise of his power to remit
sentences the Governor is advised by a Prisons Board of Review
consisting of four officials and two unofficials under the Chairmanship
of the Attorney General.
Review Procedure
4. Prison Rule 69 provides that normal remission of all sentences
shall be one third of sentence. Prison Rule 69A lays down that sentences
shall be reviewed after four years and every two years thereafter
provided the prisoner, if over 21 at the date of the offence, is serving a term of imprisonment exceeding six years (including life imprisonment).
Review in the case of a prisoner under 21 at the date of the offence is
undertaken after one year and every year thereafter.
There is, however, a provision saving the Governor's discretion to bring up a
case for review at any time.
Board's Function
5. The Board's function is to review the cases brought before it under the operation of Rule 69A and to advise the Governor whether any remission (other than normal remission) is justified.
Japan Av
{
Criteria