TNAG-0028-FCO40-64-Relations-with-China-1968 — Page 214

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5.

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I have had discussions with/Legal Advisers on the Minister's suggestion that the device of

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suspended sentences" might be useful in present circumstances in Hong Kong. My conclusions are that

suspended sentences" as provided in Sections 39 - 42 of the Criminal Justice Act, 1967 could only have a very limited application to the present situation, even if introduced quickly. What is really wanted is a system of releasing prisoners on licence and under supervision (Sections 59 - 62 of the Act).

6:

In essence Sections 39-42 provide that a court may order that a sentence of not more than 2 years shall not take effect unless during a specified period (being not less than one year or more than three) the offender commits another offence punishable with imprisonment. Such a provision might be useful for dealing with any communists awaiting trial or any further prosecutions that may be necessary, although these are likely to be few in present conditions. And it would of course be useful if we were to be confronted with another outbreak of communist illegal activity. It does not, however, touch on the problem of those convicted persons now in prison.

7.

Sections 59-62 provide that the Secretary of State on the recommendation of the Parole Board, release on licence a person serving

may,

(a) a sentence of imprisonment (other than

imprisonment for life) after he has served not less than one-third of his sentence or twelve months thereof, whichever expires the later (Section 60);

(b) a sentence of life imprisonment, after

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consultation with the Lord Chief Justice

and the trial judge (Section 61).

There are provisions for the revocation of licences (Section 62) on the recommendation of the Parole Board or when the Secretary of State deems it expedient in the public interest. Section 59 establishes the Parole Board and local review committees.

8.

So far as I can ascertain there is provision in Hong Kong law only for the release, under police supervision, of persons held under the Deportation of Aliens Ordinance.

.9. Both suspended sentences" and release on licence would be novel and big steps for Hong Kong to take and it might be too much to expect Hong Kong to take them quickly. Mr. Terrell (International and General Department) tells me that the latter has been adopted in a number of dependent territories and it would seem that we have a certain amount of "office expertise" on this. I am consulting with him on what we might say to Hong Kong on both points and will be circulating a draft letter to the Governor as as possible.

soon

12 January, 1968.

W. 5. Carter

(W.S. Carter)

The

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