TNAG-0032-FCO40-68-Relations-with-China-1968 — Page 15

earlier than would be normally

allowed, which would involve a

legislative act.

(a) is difficult in that it would involve

expunging the conviction against any of the

has

persons so released, and the Governor does not felt

Let that Hong Kong opinion would be prepared

to accept an act of this nature at this

juncture.

(b) would require an addition to

the statutory Prison Rules (made by the

Governor in Council), which at present provide

for a maximum remission of one third of a

sentence of imprisonment and for the

forfeiture of remission as punishment for

offences against prison discipline or other

misconduct. The insertion of an additional

provision giving the Governor discretion to

increase the amount of remission for

unspecified reasons would stick out like Bore

thumb as a special provision involving

departure from general policy on the treatment

of offenders and inserted for a special purpose.

Both the grant of pardon or special remission

for such prisoners could be seen or

represented as interference with the sentences

We

of the courts, for political reasons.

have in the past been glad to seek refugee,

in our dealings with the Chinese, in our

inability to interfere with the processes of

law and justice.

8. In addition to the points made above, the

Governor has argued that the earlier release

of these prisoners would put left wing

prisoners in a special category thus giving a

victory to the communists and boosting their

morale at a time when the Hong Kong

/Government

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