CONFIDENTIAL
FM HONG KONG
TO PRIORITY F CO
TELNO 2790
OF 09044OZ SEPTEMBER 91
CONFIDENTIAL
Pa
capital fidant B280/1
Mr. Hyland Pls. deal with X.
ED
9/9
076322
MDLIAN 8086
Nhis 300k
(49
Sent
10/9
DISCRETIONARY LIFE SENTENCES
ED
WE ARE CONSIDERING THE IMPLICATIONS FOR HONG KONG OF THE DECISION TAKEN BY THE EUROPEAN COURT OF HUMAN RIGHTS IN THE CASE OF THYNNE, WILSON AND GUNNELL V UNITED KINGDOM (25 OCTOBER 1990, SERIES A NO. 190). THE COURT RULED THAT, IN ACCORDANCE WITH ARTICLE 5(4) OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR), PRISONERS SENTENCED TO LIFE IMPRISONMENT AS A MATTER OF DISCRETION SHOULD HAVE THE RIGHT TO HAVE THE LAWFULNESS OF THE DETENTION REVIEWS BY A COURT IF THE CONTINUED TO BE DETAINED AFTER THEY HAD SERVED THE NORMAL TARIFF ELEMENTS OF THEIR
SENTENCES.
2.
WE UNDERSTAND THAT AS A RESULT OF THIS DECISION, CHANGES HAVE BEEN MADE IN THE MANNER THAT HMG REVIEWS PRISON SENTENCES THROUGH THE CRIMINAL JUSTICE ACT 1991 WHICH WAS ENACTED IN JULY.
3.
WE CONSIDER THAT WE ARE LIKELY TO HAVE TO MAKE CHANGES TO OUR CURRENT SYSTEM, OF ADMINISTRATIVE REVIEW BY A NON STATUTORY BOARD, IN ORDER TO COMPLY WITH ARTICLE 5(4) OF OUR BILL OF RIGHTS, WHICH WAS OF COURSE MODELLED ON THE ICCPR AND IS ALMOST IDENTICAL TO THE RELEVANT ARTICLE IN THE ECHR.
4
TO ASSIST US IN CONSIDERING THIS FURTHER WE WOULD BE GRATEFUL IF YOU COULD SUPPLY US WITH A COPY OF THE CRIMINAL
USTICE ACT 1991, TOGETHER WITH ANY RELEVANT EXPLANATORY PAPERS, WHICH SHOULD BE SENT BY FAX (852 868 5074) OR BAG TO PETERSEN OF SECURITY BRANCH.
WILSON
YYYY
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