Foreign and Commonwealth Office
London SW1A 2AH
Telephone 01233 4828
Your reference SCR 15/2856/75
M J Broom Esq Security Branch
Government Secretariat
HONG KONG
Dear Malcolm Павкови
Our reference
HKK 383/1
Date
27 August 1986
HKK 383
383/1
RECE
-1SEP 186
Mak
PRISONERS RELEASED UNDER SUPERVISION
1.
Thank you for your letter of 9 August. I apologise for the delay in replying to Clement's earlier letter, but we have now succeeded in obtaining details of the case in question from the Home Office.
2.
The litigation you refer to relates to a life sentence prisoner named Weeks who was released on life licence in March 1976 and whose licence was revoked in June 1977. In 1982, Weeks complained that his detention following the revocation of his licence in 1977 was not lawful within the meaning of Article 5(1)(a) of the European Convention on Human Rights; and that he was not able to take proceedings before a court to determine the lawfulness of that detention as is required by Article 5(4).
3.
Weeks' application was considered by the European Commission in 1984 who concluded by a majority of 10:1 that there had been no breach of Article 5(1), and by a majority of 7:4 that there had been a breach of Article 5(4). The case was subsequently referred to the Court of Human Rights and was heard by the Court on 17 March this year. We are currently awaiting their decision.
4. I enclose a copy of the Commission's report for your information. The Home Office have undertaken to keep us informed of developments, and I will let you know if I hear more.
I love lu Clich
CE Leeks
Hong Kong Department
39