Hong Kong. It might be less objectionable
(though obviously less acceptable to the
CPG) to release them on some conditional basis.
In this connection we have taken legal dvice on
the meaning of "a pardon subject to lawful
conditions" in Article XV of the Hong Kong
Letters Patent and the short answer is that
this power could not be used for the kind of
conditional release we had in mind. I attach
a copy of the Opinion of one of our legal
advisers.
With these considerations in mind
Lord Shepherd has suggested that your attention
should be drawn to provisions in the U.K.
Criminal Justice Act 1967 for -
(a) suspended sentences (Sections 39-42);
(b) release on licence (Sections 59-62).
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.
Sections 59-62 provide that the Secretary of
State may, on the recommendation of the
Parole Board, release on licence a person
serving
K
(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).
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