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HWB 3/2
CONDENTIAL
*
COMMONWEALTH OFFICE,
London, S.W. 1.
16 April, 1968
449
You will recall that both before and during Lord Shepherd's visit to Hong Kong there was a discusa on about an amnesty for communist prisoners, as a formal gesture to the CPG, which might help to improve Sino-British relations. This lapsed because, 28 you know, all of us were doubtful about the timing and the value of such a step.
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Lord Shepherd later suggested that what we might usefully consider was whether the idea of suspended sentences" as recently introduced here might be a more acceptable alternative since it would not involve you giving a free pardon. At the same time it was noted that the Criminal Justice Act 1967 also introduced a system of release on licence for long-term prisoners. We have been looking into this.
After a considerable amount of research the Department here produced a draft letter to you on the subject - only to advise that we do not send it. The reasons, briefly, for not doing so, are set out below :-
I.
II.
The concept of suspended sentences is that the convicted person does not go to prison at all, the Courts suspending the sentence at the time it is pronounced.
The release of prisoners on licence has been associated both here and in the colonies with the problem of long-term habitual offenders and recidivists serving periods of preventive detention.
III. Hong Kong could not introduce either measure for use merely
when it may be expedient to release "political" prisoners or not send them to prison. The measures would have to be introduced as a comprehensive step forward in the treatment of offenders. This would be a radical step forward and timing is important. Other territories would also have to be invited to consider their adoption.
He
Lord Shepherd has agreed that the letter should not issue, considers, however, that our research in this matter may be of interest to you and has asked me to send a copy of the draft to you, simply as background information. He would also like to discuss the question of "political" prisoners with you when you are over here at the end of the month.
His Excellency
Sir David Trench, KCMG., MC.
(w. S. Carter)
*CONFIDENTIAL
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