TNAG-0030-FCO40-66-Relations-with-China-1968 — Page 127

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(d) Paragraph 4. Second sentence. I am not happy about the

reference to the sanctity of judicial decision. It is not going to cut any ice with the Chinese who will be aware that by our offer on Hsueh P'ing we can release prisoners before normal expiry of their sentence. It might also tie our hands later if at some point question of a general remission of sentence as an act of clemency were possible. I should prefer to make more generalised reference to the difficulties of releasing prisoners before normal expiration of their sentences in particular if there were any question of releases in Hong Kong.

(e) Paragraph 4. Final section. I recognize the risk that

further reference to "release to China" may be seen as provocative. On the other hand a statement along the lines of my draft is distinguishable from the case of the film stars since we would be referring to prior agreement of Chinese Government and would point out that stay in China of persons. so released would be in theory temporary until both sides agreed they might return to Hong Kong. Moreover I think there would be general tactical advantage in making a positive offer to the Chinese. The bait might work. Even if it did not, we would be in a much stronger position than if we had made no specific offer and concentrated largely on our own difficulties. The onus would be on them. I should, therefore, like to substitute for the phrase "but other possibilities might form a basis for future discussion" the final sentence of paragraph 5 of my telegram No. 243. We might also delete words "certain of" so that offer carry maximum impact.

(f) Paragraph 5. I suggest for "by civil action in Courts" we might substitute "in normal way" or "by normal legal process" so as to avoid direct reference to Courts which may not be helpful presentationally.

(g) Paragraph 8. I should like to add two final sentences from paragraph 8 of my telegram No. 243. They cost us nothing. They help to dress up message on the same lines as paragraph 1 above. They also masquerade a suggestion, which we ought to try to get across;

that failure to achieve

a settlement will not be in Chinese interests.

Foreign Office pass to Hong Kong 188.

Sir D. Hopson

[Repeated as requested]

FILES

F.0.

QQQQQ

F.E.D.

C.O. H.K.Dept.

D.D. & P.U.S.D.

Sir D. Allen

Sir D. Greenhill

ADVANCE COPIES SENT

I. & G. Dept.

P.A.D.

Mr. Hall

Mr. Robb

P.S. to Lord Shepherd P.S.

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