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the release of seven sick prisoners was settled and simply to thank the Governor for his co-operation. The Governor told Mr. Royle that he was considering the matter and hoped to be able to act on lines which would suit the F.C.O. but it would have to be looked at by the Attorney General and other officials in the usual way. He then raised three questions:-
6.
(a)
(b)
(c)
did we know that the prisoners, if released, would be adequately cared for by their families or other people?;
were there any "honest burglars" who were also sick and could be released (a point suggested by the C.S.)?; and
did the Director of Special Branch have any objections?
A
At this stage it wasn't quite clear what position the Governor would finally take. There were the beginnings of a suggestion that he might not act on the lines he had indicated at Fanling on October 3 but it was plain that nothing was yet decided and that he would have to find some explanation
for Mr. Royle if he failed to release at least some of the prisoners. Mr. Royle simply thanked the Governor for his help. Privately he expressed to me his view that it would be all right.
7.
The file was then sent to the Attorney General who on Monday, 12 October produced his opinion. Briefly, it described the Governor's legal powers under the Letters Patent and the Prison Regulations and described the procedure of the Board of Review. He endorsed the Commissioner's recommendation that seven should be released and elaborated four ad hoc rules which would cover the seven cases and could be used in future for the examination of any other sick prisoners. His four guiding rules were:-
We should release any prisoner who seemed likely to die beforehis sentence was completed.
(a)
(b)
We should release any prisoner who seemed to have a better chance of recovery outside the prison than inside.
(c)
8.
(a)
We should release any prisoner who was in such continuing pain and discomfort that imprisonment imposed an excessive burden upon himself and on the prison administration.
We should release any prisoner whose illness or physical condition was so pitiable that release on humanitarian grounds was justifiable.
The next occasion when this subject came up, so far as I know, was at Mr. Royle's final meeting with the Governor in the morning of Tuesday, 13 October. I am glad to say that the Commissioner of Prisons was able to assure us that all seven will be adequately looked after by their families when discharged and that D.S.B. had no security objections to their release. The Governor, who was in one of his most
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