TNAG-0030-FCO40-66-Relations-with-China-1968 — Page 74

1

to various tests the convicted person qualified as an

habitual offender.

The kind of prisoners whom we are considering

in this letter are clearly not the habitual criminals

for which the system of release on licence in this country

and elsewhere was intended.

in this

an amnesty If the idea of introducing

forms is to be pursued in Hong Kong it

such a system in Hong Kong is to be pursued, it seems Seems that an entirely new apponach world be

would be required.

that an entirely new approach legislation could be needed :

required. Special and

such system would need:

empower

(a) to allow the Governor to release on licence

any prisoner sentenced to a period of not less

than, say 6 months imprisonment,

(b) to provide in the licence for the recall of

the offender to prison IX to serve the remainder

of his sentence, calculated from the date of his

release,

Co

(c) provide for the kinds of conditions that would

need to be laid down in the licence to suit the

special circumstances of Hong Kong. hatis

needed is a law which is sufficiently elastic

to enable the purposes of release on licence for

ordinary habitual criminal offenders to be

served as well as the special categoriz

of

prisoner referred to in the first paragraph of

this letter.

f you s

con

the above ideas are mortit

pursuing, perhaps you would consult your Law Officers

with a view to their framing a draft bill to suit local

conditions. It is most unlikely that any of the existing

Colonial Ordinances or any model from the United Kingdom

would be of much use to your but if there are any specific

points on which you would like guidance, we would be only

too glad to do our best to provide it.

न

i've

you

NOTHING TO BE WRITTEN IN THIS MARGIN

shaned consider any

The above ideas with pursuing,

работал

Further Spedance or

we would be glad I give

what furler

You

help,

we can.