TNAG-0032-FCO40-68-Relations-with-China-1968 — Page 14

best Mr. Grey could be released in September

1969 and at worst not until after February 1971.

6.

If we are to do something now to seek

Mr. Grey's release we must consider the

possibility of arranging the premature release

of some of these prisoners. This would not be

difficult if, on releasing them, we could deport

them to China (a not unusual procedure in Hong

Kong and other countries) and the Governor

would be prepared to accept their release on

this basis. It was, in fact, the basis of the

exchange offer contained in Mr. Brown's letter

to Chen Yi (paragraph 3 above). But in other

connections the Chinese have made it clear that

they will not accept detainees and prisoners on

deportation nor will they accept any form of

disguised deportation involving initial brief

release in Hong Kong followed by their

immediate departure for China. The premature

release of these convicted prisoners and their

retention in Hong Kong is, therefore, the only

course open to us. It gives rise to problems

of a different order to those presented by the release of detainees (my submission of 7 August~

refers) who are held under emergency regulations

and whose release is a matter for administrative

has so far been

say

decision. It in the Governor's viewy

that it would

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まんね

be unacceptable to public opinion in Hong Kong

at least for the present.

7. There are two ways in which premature

release might be effected :

(a) by an act of clemency, which would

involve the Governor's exercise of

the Royal Prerogative of pardon: (b) by an alteration of the Prison Rules

about remission to enable release

/ earlier...