6

Mr. Sirbotham

The following minute summarises earlier ones.

1. (1) is a letter from a Hong Kong firm of Solicitors forwarding direct to the Secretary of State a Petition from one CHUANG Chu Feng asking for the reduction of a sentence of 5 years simple imprisonment passed on petitioner's son by a General Military Court (under the Military Administra- tion) on the 24th March 1946. A similar petition addressed to the Governor on 17th November 1947 was rejected.

2. Sir Alison Russell minutes that the power to grant pardon or remission of sentence is conferred upon the Governor by the Letters Patent of 1917, Section XV. The Secretary of State cannot intervene. It is proposed to ask the Governor to convey a reply on these lines to the petitioner.

The form of words used in paragraph 2 of the behind (3) — draft reply is that approved on 55515/648/47 (vide 9

and Mr. Dale's minute of 5/8/47 on that file).

3. You suggested that it might be well to suggest that the Governor should point out to the Solicitors their procedural error in sending this petition direct to the Secretary of State. This point is made in paragraph 3 of the draft reply.

4. Petitioner has sent direct to the Prime Minister a letter asking for his son's release (2) and a further letter (3) asking that it be brought to the attention to Their Majesties the King and Queen that the allied victories in the two world wars could not have been gained without petitioner's well meditated plans and recommendations. It seems unnecessary to copy this second letter for the Governor, but the first deals specifically with the case of the petitioner's son and should therefore be so copied.

5. E.O.D. Notice No. 95 of the 9th June 1948 authorises Assistant Under-Secretaries of State to dispose of petitions unless an important point of principle or policy is involved. There is an important point of principle here, but it is a well- established one, and I suggest that Ministers need not be bothered.

28.6.48.

Mr. Paskin

I have somewhat reworded the draft. The practice in this matter is quite clear and, if you agree, I think the draft may issue.

Ind

29.6.1948.

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