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Holag kong Department
FOREIGN AND COMMONWEALTH OFFICE
LONDON SW1
lids Excellency
Sir Kurray MacLehosе KOLO LIBE Government House
HONG KONG
2 December 1971
I am enclosing a copy of Papers B and C of the "Guidelines" you prepared
before you left. Kr Royle has confirmed that your paper as a whole (that
is parts A, B and C) is acceptable as a "document of roference".
E O Laird
CONFIDENTIAL
3/12
$
121
I
GUIDELINES FOR THE GOVERNOR DESIGNATE, HONG KONG: PAPER C
Hong Kong & China
Paragraph
Index
3 - 6
8
17
19
20
-
16
18
Prosfects
Chinese Representation in Hong Kong
Confrontation prisoners
Hong Kong/Kwangtung communications:
train, air
Hong Kong/Kwangtung communications: water, telecommunications, poste,
meteorology, electricity
L
CONFIDENTIAL
stand firm against, or better still ignore, any half-
hearted moves by the Chinese to alter it. If the Chinese
started to press really hard we would have to reconsider
in the light of what we believed the implications of the
pressure were.
16. I have asked the Political Adviser in Hong Kong to be
ready to advise me, on my arrival, whether there is some
small gesture I could make to
he Head of
NCNA, which would be seen as a concession but would not
advance his position to an extent that would alarm the
Hong Kong establishment. Unfortunately, he has the reputa-
tion of being an implacable enemy of the Hong Kong
Government and I fear that little would be gained, and
much might be lost, by opening up a personal if unofficial
dialogue with him,
Confrontation prisoners
17. Chou En-lai has picked this out as the major item of
In view of the
numbere released since he spoke to Mr Denson for the time
being we can point to a generous response.
But it appears
from Sir Hugh Norman-Walker's letter of 13 September that
no further releases are likely in 1972 under present criteria
or procedures. My present inclination is not to accept
this, as failure to maintain momentum on this issue might
prejudice my entire governorship with Peking with all that
this would imply.
18.
I realise the delicacy of this issue, particularly vis-
/a-vis
6. CONFIDENTIAL
P
1
a-vis the Hong Kong Police and perhaps some of the
establishment, but provided the opposition is not
insuperable, my intention is to work for a solution
in the course of 1972, based on
(a) a series of releases (no grand gesture);
(b)
an offer to the Chinese to deport the hard
core whose sentences cannot be reduced (as
suggested by Mr Denson).
Communications between China and Hong Kong
19.
I am glad that the Chinese have dropped their demand
for a through train. I trust we ourselves will not revive
it, as it bristles with complications about immigration..
and customs.
Canton is a tiresome affair which, generally speaking,
brings more discredit to the Hong Kong than the Chinese
Government. I therefore propose to explore the possibility of a direct
air link between Hong Kong and Canton. Apart
from the convenience, it would be a practical piece of
"normalisation" as well as a down-grading of the significance
of the two railway stations of Lowu and 8humchun. It would
also be a money-spinner and I think that Mr Keswick has
his eye on it. I will find out, after my arrival, whether
there is any local security or other objection and, if not, recommend
that we open negotiations with a view to having
the service in existence by the time of the Canton Trade
But the journey between Hong Kong and
/Fair
1
:
7.
CONFIDENTIAL
F
sean. Yunk you
Sin. Nolan. CONFIDENTIAL
9 belimi TECOR
har
Ref: 7/3371/68, II
asked to on this file.
En. 23,
My dear Michael,
23la
CONFRONTATION PRISONERS
cc Sith. Mason M. J. Morgan
D !'
Reached my
28/10
119
The Thorgan
The Cowson My Heroey
ZOLONIAL, SECRETARIAT,
HONG KONG.
13 September 1971
TEH
MiLaird
P:
MW2.
Not v. hopeful.
For
comments please.
I refer to Michael Laird's letter FED 14/1 of
10 August.
2.
First of all you raised two questions of fact. The calculations set out
in paragraph 2 of your letter are correct. I enclose the latest list of
"Confrontation Prisoners held on 15 September 1971".
3.
In paragraph 3 of your letter you asked about prisoner No. 32869 (LO
Lun). The facts are that he is serving a sentence of 4 + 8 years (not 4+
5 years) consecutive. He appealed on 14 June 1968 against his original
sentence of 6 + 6 years consecutive but was given 4 + 8 years
consecutive. His earliest release date vas then 14 March 1976 but on 21
October 1970 he lost 14 days' remission for an offence against prison
discipline. His earliest release date is now 28 March 1976.
4.
Your letter raises the question whether ve can arrange any releases in
1972 through the Board of Review procedure. We have of course got into
the situation where no releases will take place in 1972 precisely
because of the dramatic results of the Board of Review procedure this
year. As you know, the Board recommended 24 releases at its February
meeting, 8 at its March meeting and 13 at its June meeting. Of this
total of 45, 8 vould normally have come out in 1972.
5.
In your letter you made a number of suggestions about the considerations
that might be put to the Board of Review :-
K M Wilford Esq CMG
FCO
LONDON SW 1
CONFIDENTIAL
muuta
A 24.2.
-/2.
5. (contd)
CONFIDENTIAL
2
(a) Consecutive sentences. As you say, LO Lun
is the only one serving consecutive sentences. These were imposed for
two distinct offences, with an interval of a month between them, of
forcibly taking revolvers from police officers. Even if the Board
recommended that the sentences be concurrent, giving a total of 8 years,
it would not mean release until July 1973.
(b)
Clean records before 1967 and good behaviour after release. The vast
majority of confrontation prisoners had clean records in the sense that
they vere not normally robbers and murderers but were politically
inspired in 1967 to commit criminal offences. The fact that they were
not criminals before 1967 has therefore been known throughout these
proceedings. Full use has been made of the fact in the meetings of the
Board of Review. It
is also true that so far as ve know, those released have not made a
great nuisance of themselves but that too is a calculation taken into
account by the Board of Review. The Board of Review has not proved
receptive to the view that politically inspired offences involving
violence are in some vay less criminal and more easily condoned than
normal crimes. In fact some members have felt strongly that the
political inspiration reduces the claim for leniency.
(c) Life sentences. We have of course considered fixing
a term for the two prisoners sentenced to life imprisonment. It was one
of the items on the agenda of the Board of Review at its meeting on 18
March but, as Arthur Maddocks pointed out in his letter of 24 March to
John Morgan, Denys Roberts found that one of the members vas taking such
a severe view about these two offenders (thinking in terms of 20 or 30
years) that he did not press the point. any case it seems unlikely that
we would get much credit from Peking for announcing that CHU Wing-kuen
and IP Tat-shing could expect to be released at specified dates in the
1980's.
In
(d) Parole. There is no system of parole in operation
în Hong Kong.
CONFIDENTIAL
-/3.
6.
CONFIDENTIAL
3
We have repeatedly served notice that there must be limits upon the
number of releases that can be made through the Board of Review
procedure. The Board is a quasi-judicial body with unofficial members
which cannot be blatantly used for political purposes. Denys Roberts has
done miracles in presenting to the Board in a judicial manner proposals
which happened also to suit our political interests. He did far better
than we could have expected. Our various warnings that the next Board of
Review was likely not to produce a full quota of recommendations for
releases were repeatedly proved to be unduly pessimistic. These
successes by the Chairman, Denys Roberts, may have encouraged your
present hopes that we could continue to find further justifications for
getting the Board to recommend more releases but the Board has already
considered all the cases in which the Governor considered that some
ground for a reduction might exist. No further confrontation prisoners
are to be considered at its September meeting, other than the two life
sentences, in respect of vhom the Board will consider a possible
determinate sentence.
7.
I quite see that it would be convenient to have one or two releases in
1972 but I doubt whether it is realistic to think in those terms once we
are down to a total population of confrontation prisoners of only 23. We
have so few that we can hardly keep up much of a flow of releases after
this year. The realistic view is that the Board of Reviev procedure has
already been fully exploited. Those who then remain can be released only
by the expiry of their sentence, sickness, death or a political
decision.
8.
I also wonder whether it makes much difference that ve hold 23 prisoners
throughout 1972 or a few less. What will bother the Chinese Government
(if it really bothers them at all) is that we hold any,
c.c. J B Denson Esq OBE
Peking.
Toms Seven
Низа
barman-bahan
Encl:
CONFIDENTIAL
CONFIDENTIAL
CONFRONTATION PRISONERS HELD ON 15 SEPTEMBER 1971
Name
Prison No.
Sentence
(years)
1.
CHAN Chin-fong
28330
2.
CHÁN Chai
28491
3.
CHAN Hon
28490
4.
CHAN Sang-cheung
29863
10
5.
CHAN Yik
28489
5+8+8+2 concurrent
8+8 concurrent (revised to 6)
8+2 concurrent (revised to 6)
8+4 concurrent
Expected date of discharge
25.1.73 12.5
18.10.71
18.10.71 x
15.8.74
6.
CHAN Yuk-va
28754
10+10 concurrent
7.
CHENG Yat-choi
28669
8
8.
CHU Wing-chuen
28998
Life
9.
IP Sing
29884
9+9+5+9+9 concurrent
10.
IP Tat-shing
28999
10+5+Life+Life concurrent
11.
IP Yuen-kvan
28492
8 (revised to 6)
12.
LAI Kvong
28329
5+8 concurrent
13.
LEUNG Pun
30412
5+5+8+5 concurrent
14.
LO Lun
32869
4+8 consecutive
15.
LO Shui-yan
30954
12+12+12 concurrent
3.2.73
4.7.74
17.3.71
11.1.74
4.10.71 X
25.1.73
14
9.6.73
28.3.76
15.2.76
16.
LUK Nam
29279
8
6.4.73
17.
MOK Siu-kui
29736
12
14.12.75
18.
SZETO Foon
29281
8
19.
TAM Fat (alias WONG Yau)
28707
10+5 concurrent
20.
TO Min
28906
8
7.4.73
26.6.74
16.3.73
CONFIDENTIAL
-/2
CONFIDENTIAL
Name
Prison No.
Sentence
(years)
21.
TONG Ching-ping
27993
22.
TSANG Mui
28834
23.
TSUI Chun
29882
24.
WAN Kam-hung
28168
5+8 concurrent
9
9+9+5+9+9 concurrent
10+10+5 concurrent
25.
WAN Kei
28968
9 (revised to 6)
26.
WONG Chung
29282
27.
WONG Ting-sau
28328
28.
YAU Wai
29883
6+5 concurrent
5+8+8 concurrent
9+9+5+5 concurrent
Expected Releases
1971
5
1972
O
1973
11
1974
1975
1
1976
2
Life
2
Total
28
10.9.71.
CONFIDENTIAL
Expected date of discharge
10.1.73
124 7.72
16.11.73
14 672
11.1.74
11.1.74
21.11.71 ×
6.12.71 x
25.1.73
.1.72
1 3 72
25.1.74
c.c. J B Denson Esq OBE Peking.
CS. 41A
2600077
15,000-4/71-386483
BY BAG
REF.
SCR 7/3371/68 II
CONFIDENTIAL
COLONIAL SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
K M WILFORD ESQ CMG F CO
25 September 1971
Full 14/1 M. Moga SM L
My Danie
Rear Michael, Kit Ma
CONFRONTATION PRISONERS
ен
Y
Enter
~12 (19)
In his letter to you of 13 September Sir Hugh Norman-Walker mentioned
that the Prison Board of Review at its meeting in September would have
only two confrontation prisoners to consider, the two who are serving
life sentences.
2.
می
At the Board's meeting on September 16 the two life sentences vere
briefly discussed. Denys Roberts in the chair came to the view that
there would be no advantage in trying to reach agreement that day on a
recommendation for a determinate sentence. The Board accordingly decided
to postpone consideration of the two cases until 1973. This would follow
the normal practice which is to examine life sentences only when the
prisoner has served six years.
Your
ever
Arthur.
(A F Maddocks)
Political Adviser
/%
C.C.
JB Denson Esq OBE PEKING
CONFIDENTIAL
CONFIDENTIAL
REE****
·
Hi Deft entera.
117
FEH 14/1
14/1
10 september 1971
Ar Chang Wen-chin
Director
West European and American Department
Ministry of Foreign Affairs
People's Republic of China
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