XN000022-1984-02-25 — Page 5

SATURDAY, FEBRUARY 25, 1984.

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A SECURITY BRANCH SPOKESMAN STRESSED TODAY THAT THE CONSENT OF THE HONG KONG GOVERNMENT WOULD BE REQUIRED BEFORE ANY TRANSFERS COULD TAXE PLACE. EACH CASE WOULD BE CONSIDERED ON ITS MERITS BY THE GOVERNOR, WHO WOULD CONSULT THE EXECUTIVE COUNCIL AS NECESSARY.

LEGISLATION IS NOW BEING INTRODUCED IN THE UNITED KINGDOM TO ENABLE THE BRITISH GOVERNMENT TO RATIFY THE CONVENTION AND TO CONCLUDE SIMILAR ARRANGEMENTS WITH OTHER COUNTRIES.

THE SPOKESMAN SAID THAT DETAILS OF THE ADMINISTRATIVE AND FINANCIAL ARRANGEMENTS WERE BEING WORKED OUT IN CONSULTATION WITH THE BRITISH GOVERNMENT. THIS IS LIKELY TO TAKE SOME TIME AND IT IS NOT EXPECTED THAT ANY TRANSFERS WILL BE EFFECTED UNTIL THE END OF THE YEAR AT THE EARLIEST.

THE CONVENTION IS BASED ON HUMANITARIAN CONSIDERATIONS AND TAKES ACCOUNT OF MODERN TRENDS IN CRIME AND PENAL POLICY. IN ASIA, AS IN EUROPE, IMPROVED MEANS OF TRANSPORT AND COMMUNICATION HAVE LED TO A GREATER MOBILITY OF PERSONS AND INCREASED INTERNATIONALISATION OF CRIME.

EXPERIENCE SHOWS THAT PRISONERS SERVING SENTENCES IN FOREIGN COUNTRIES SUFFER PSYCHOLOGICALLY AS A RESULT OF LANGUAGE BARRIERS, ALIENATION FROM LOCAL CULTURE AND CUSTOMS AND FROM THE ABSENCE OF CONTACT WITH THEIR FAMILIES AND FRIENDS. TRANSFERS TO THEIR HOME COUNTRIES WILL, THEREFORE, ENHANCE THEIR REHABILITATION.

ONE RESULT WOULD BE THAT THE MONEY AND EFFORTS BEING EXPENDED BY THE HONG KONG GOVERN ENT ON THE REHABILITATION OF OFFENDERS WOULD BE SPENT ON HONG KON RESIDENTS, WHO WILL BE INTEGRATED INTO THE LOCAL COMMUNITY ON COMPLETION OF THEIR SENTENCES, AND NOT ON FOREIGN NATIONALS WHO WILL BE DEPORTED.

AT THE END OF LAST YEAR THERE WERE 154 FOREIGN NATIONALS SERVING SENTENCES IN HONG KONG AND AN ESTIMATED 90 HONG KONG RESIDENTS SERVING SENTENCES ABROAD, WHO MIGHT BE ELIGIBLE TO PARTICIPATE IN TRANSFER SCHEMES.

UNDER THE CONVENTION, TRANSFERS MAY BE EFFECTED ONLY IF

(A) THE TWO STATES CONCERNED AGREED TO THE TRANSFERI

(B) THE PRISONER CONSENTS TO THE TRANSFERJ

(C) THE PRISONER IS A NATIONAL OF THE STATE TO WHICH

HE IS TO BE TRANSFERRED TO SERVE HIS SENTENCE;

(D) ALL CHANNELS OF APPEAL AVAILABLE TO THE PRISONER

HAVE BEEN EXHAUSTED;

(E)

AT THE TIME OF APPLICATION FOR TRANSFER, THE PRISONER STILL HAS AT LEAST SIX MONTHS OF HIS SENTENCE TO SERVE, AND

(F) THE ACTS CONSTITUTING THE OFFENCE FOR WHICH THE

SENTENCE HAS BEEN IMPOSED ALSO CONSTITUTE AN OFFENCE IN THE STATE TO WHICH THE PRISONER IS TO BE TRANSFERRED.