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TO IMMEDIATE HONG KONG TELNO 3035
OF 18154OZ NOVEMBER 87
INFO IMMEDIATE PEKING
MIPT: LETTER FROM THE
HUD 383/1
RECEIVE
2 NOV 1987
IN EX
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EARL OF WINCHILSEA TO MR HURD:
STATUS OF PRISONERS AFTER 1997
FOLLOWING IS TEXT OF LORD WINCHILSEA'S LETTER.
BEGINS
1.
AS YOU MAY BE AWARE I HAVE IN THE RECENT PAST VISITED HONG KONG, ALSO THE INTERNATIONAL BODY OF THE LIBERAL PARTY HAS ONLY A SHORT TIME AGO DEVOTED ITS ANNUAL GATHERING TO HUMAN RIGHTS.
2,
IN THE CASE OF THE COLONY THERE MAY YET ARISE A VERY
SERIOUS DIFFICULTY IN CONNECTION WITH WHICH THE UK MAY YET BE HELD RESPONSIBLE FOR FAILING TO TAKE ADEQUATE STEPS TO PROTECT THE RIGHTS OF PRISONERS TRANSFERRED TO SOVEREIGN POWER OF PRC WHEN THE LETTERS PATENT AND ROYAL INSTRUCTIONS WHICH CURRENTLY PROVIDE THE CONSTITUTIONAL FRAMEWORK FOR THE GOVERNMENT OF HONG KONG ARE REPLACED BY THE TERMS OF A BASIC LAW.
3.
THAT WILL BE THE LAW OF CHINA ENACTED UNDER THE TERMS OF
THE CHINESE CONSTITUTION.
4.
THE ISSUE AFFECTS PARTICULARLY THOSE PERSONS WHO MAY BE RETURNED FROM THE UK TO HONG KONG, UNDER THE TERMS OF THE FUGITIVE OFFENDERS ACT 1967, IN THE INTERIM PERIOD UNTIL 30TH JUNE 1997 WHO MAY STILL BE IN CUSTODY ON THAT DATE. I WOULD APPRECIATE YOUR EARLY CONFIRMATION THAT YOU WILL DELAY SURRENDER OF ANY FUGITIVE WHO HAS APPLIED TO THE EUROPEAN COMMISSION ON HUMAN RIGHTS ALLEGING ILL TREATMENT IN THE FINAL REQUESTING
TERRITORY.
5.
I SHOW BELOW FOR YOUR INFORMATION RECENT DETAILS OF ALLEGED ILL TREATMENT AND TORTURE OF PRISONERS IN THE PRC. THIS LIST IS, OF COURSE, NOT COMPREHENSIVE, HOWEVER I AM SURE YOU WILL ACCEPT THAT THE CASES DETAILED GIVE RISE TO SERIOUS CONCERN: QUOTE EXTENSIVE TORTURE CARRIED OUT BY A RURAL COMMUNE'S PARTY COMMITTEE SECRETARY AND A SENIOR ARMED POLICE OFFICER DURING THE 1983 CAMPAIGN AGAINST CRIME WAS REPORTED ON MAY 1ST 1985. FROM AUGUST TO DECEMBER 1983 THEY HAD ILLEGALLY DETAINED 72 PEOPLE, 52 OF WHOM WERE SUBJECT TO CORPORAL PUNISHMENT. IN APRIL 1986, IT WAS REPORTED, THE HEAD OF A POLICE STATION ON BAOSHAN, YUNNAN PROVINCE, AND THREE OTHER POLICE OFFICERS DETAINED 201 PEOPLE IN ORDER TO INVESTIGATE TWO CASES OF THEFT THEY TORTURED MORE THAN
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