CONFIDENTIAL
Cypher/Cat A
PEKING TO FOREIGN OFFICE
IMMEDIATE
Telno 905
30 September, 1968
850
CONFIDENTIAL
Addressed to Foreign Office telegram No. 905 of 30 September, Repeated for information to Hong Kong.
847
Hong Kong telegram No. 2034: Detainees.
I am concerned that this decision to renew number three's detention order has been taken without consultation or even prior notification. The impression left by Hong Kong telegram 826) No. 1084 was that No. 3 might be released at the same time as
No. 1. Nothing was said about likely renewal of the detention order.
2.
I accept that because of date of expiry of warrant a decision had to be taken whether to release or to renew the order. Nevertheless the decision to renew has serious implications extending well outside the purely Hong Kong field and therefore deserved more careful consideration.
3.
In the rirst place, the move runs directly counter to current trend of de-escalation and comes at a time when you have urged accelerated releases to match improving situation
756) (your telegram No. 1362). Secondly, the move will certainly
be seen by the Communists as an escalation and a slap in the
For face following recent more hopeful moves on their side. them it will be seen as a decision to imprison for another year one of their followers who had good expectation of release now. The timing, on the eve of National Day (when for the first time for a year and more this Mission is invited to a Chinese Government function) in unfortunate. Against background of recent release of Selfs and Saunders it is particularly so. How can we expect further hopeful moves from the Chinese, e.g. over Grey, if we act in this way?
40 Thirdly, the move raises the questions about treatment of other detainees whose warrants will before long reach expiry date. On this precedent we may be faced with similar fait accompli announcements from Hong Kong of extension in these cases. The use of emergency legislation in this way so long after the emergency seems in itself questionable.. Since there are no normal legal processes in these cases, since detention or release is simply a Government act and there is no legal
847 853864
CONFIDENTIAL
/barrier
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