TNAG-0030-FCO40-66-Relations-with-China-1968 — Page 61

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Mr. Godden

You will recall that both before and during Lord Shepherd's visit to Hong Kong there was discussia about an amnesty for communist prisoners, as a form of gesture to the C.P.G. which might help to improve Sino-British relations. Sir D. Hopson in Peking has also from time to time suggested that a major act of clemency might help to re-establish more normal relations. There are many difficulties in this course. The Governor has been apprehensive about the effect the unconditional release of such prisoners would have on public opinion in Hong Kong; he considered an amnesty would have to be confined to minor offenders serving short sentences (although he has accepted that long-term prisoners could be released" or deported to China). We for our part have been doubtful about the timing and value of such a step.

2.

Lord Shepherd later suggested that we might consider whether the idea of "suspended sentences" as recently introduced here, might be a more acceptable alternative since it would not involve the Governor in 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. I undertook to look into both these procedures and consulted Legal Advisers and Mr. Terrell (of International and General Department).

3. At long last I have produced a draft letter to the Governor on this subject only to advise that we do not send it, but drop the idea of writing altogether. The reasons are apparent in the draft, but I set them out briefly below.

4.

The concept of "suspended sentences" is that the convicted person does not go to prison at all, the court suspending the sentence at the time it is pronounced. CIt is not a process for releasing people from prison in advance of the expiry of their sentences and in any case its use rests in the discretion of the court and not of the executive. It could not therefore be used for the purpose we have in mind namely, the extension of some form of clemency to "political" prisoners as a calculated political act.)

5. As Mr. Terrell explains in paragraph 2 of his minute of 22 February, release of prisoners on licence has been associated both here and in the Colonies with the treatment of long-term habitual offenders and recidivists serving periods of preventive detention. Mr. Gaminara has pointed out that it would be a distortion of this concept to apply it to short-term prisoners and first offenders.

6.

Hong kong could not introduce either measure for use merely when it may be expedient to release "political" prisoners or not to 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 for Hong Kong to take and it could not be taken quickly. view is that we cannot press Hong Kong to introduce such measures for the purpose of dealing with (and in the context of) the present troubles. If it is

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