CONFIDENTIAL
2
PERSONAL
5.
The
The Commissioner of Prisons is also sympathetic. difficulties may arise in the Board of Review. If they are unwilling to make a recommendation for release, it would be difficult for the Governor to release prisoners contrary to their advice. The best hope is to rely upon the skill of Denys Roberts.
6.
There is a chance that Sir David Trench will object strongly to the suggestion that we should now release healthy prisoners before their expected date of release. The release of WONG Chak last year and of the six sick prisoners this year were consistent with our rules, although in the case of the sick prisoners we made a permanent adjustment of the rules in order to be able to make the releases. At least the Governor's conscience was clear on these releases even if the Peking Government and the majority of commentators regarded them all as diplomatic bargains. The proposal that we should now release female prisoners simply on the grounds of their sex might be regarded by Sir David Trench as a new and unjustifiable attempt to re-open questions of principle which were discussed at length in 1968 and 1969. Whilst many people may think there is only a small difference of degree between what we did in October and what we propose to do now, you may find that Sir David Trench regards the difference as a major one of kind. He might also enquire whether we are sure that the release of female prisoners would do the trick for David Johnston. If therefore you can get him to say that he will examine the proposition sympathetically when he returns to Hong Kong I think you will have done as much as could be expected. If he is going to oppose the move, you might as well find out soon.
7.
There are of course female prisoners who are not imprisoned for confrontation offences but Denys Roberts and I see no advantage in trying to release some of them at the same time as the confrontation prisoners. If we release prisoners because of their sex we see no line that can be drawn short of the emptying of Tai Lam Centre. So we might as well be arbitrary and release only the confrontation prisoners.
8.
In speaking to Sir David I suggest no mention should be made of Denys Roberts's proposed initiative at the Board of Review on December 11. I have shown your letter only to him and Chris. Howells and will not put it on a Hong Kong Government file.
I am sending a copy of this letter under personal cover to John Denson.
9.
You
ever,
(A.F. Maddocks)
CONFIDENTIAL