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Home Office
HM PRISON SERVICE
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Clinton Leeks Esq
Hong Kong Department
Foreign and Commonwealth Office
LONDON
SW1A 2AH
Your reference HKK383/1
Our reference PDP/W 5908/11/2
Date
22 August 1986
Dear Katery
RELEASE OF PRISONERS UNDER SUPERVISION
Your letter of 4 August to P3 Division about the inquiry from Hong Kong has been referred to me.
The litigation referred to relates to a life sentence prisoner named Weeks who was released on life licence in March 1976 and whose licence was revoked in June 1977.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 revoca- tion 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 pro- ceedings before a court to determine the lawfulness of that detention as is required by Article 5(4).
Weeks' application was considered by the European Commission in 1984 who con- cluded 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.
We will keep you informed
I enclose a copy of the Commission's report which you may wish to pass on to the Hong Kong Government Secretariat for their information. of developments.
KK 383/1
RECEIVYO IN REGISTRY
2 8 AUG 1986
G.STRY
PA
A. un Taken
Yours sincerel
Labannes
LA SCUDDER
Head of Life Sentence Section
P2 Division