CONFIDENTIAL
By Bag
Ref. CR 1/2856/69
LET
78
COLONIAL SECRETARIAT,
239
HONG KONG,
October, 1970.
28/€
Dear Michael Michael
REF.
NEXT
REF.
79
Release of Sick Prisoners
H.K. Dept.
This is v. good.
I wen
Hawker Mi Hommes
MuZxi
During your visit here we undertook to let you have a note setting out the criteria which are applied by the Governor when he is considering whether or not remissions should be granted to prisoners on medical grounds.
I attach a copy of an instruction which has been issued by the Acting Governor to the Commissioner of Prisons.
As you are aware, the Governor's general prerogative to remit sentences is conferred by Article XV of the Hong Kong Letters Patent. This empowers him to "grant to any offender convicted of any crime or offence in any Court, or before any Judge or other Magistrate within the Colony, a pardon, either free or subject to lawful conditions, or any remission of the sentence passed on such offender."
This is a general discretion, which will be in no way fettered by the instruction issued to the Commissioner of Prisons. Therefore, although the Governor will no doubt normally be disposed to follow recommendations for release on medical grounds put forward by the Commissioner, the Governor will retain full discretion to decide not to do so; conversely, he may release a prisoner on medical grounds at any time, even if no recommendation to do so is received from the Commissioner of Prisons.
The existence of these criteria and the instructions to the Commissioner of Prisons are being treated as confidential here. For obvious reasons I would be grateful if they could be similarly treated at your end..
RECHY
REGISTRY No.51
NOV 1970
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Lours
HILKI/R
K.M. Wilford, Esq., C.M.G.,
Foreign and Commonwealth Office,
Downing Street, London, S.W.1.
Romand Holms
(D.R. Holmes)
Acting Colonial Secretary.
CONFIDENTIAL