TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 120

CONFIDENTIAL

BACKGROUND

There are now 115 Chinese prisoners in Hong Kong

all of whom were original sentenced t; four years

imprisonment or more during the disturbances of 1967.

Of these "confrontation" prisoners five vere convicted

of offences involving violence, 87 for possession of

offensive weapons, and 23 for possession cr the use of

explosives.

2.

Thirty five of the 115 are due for release during the

remainder of this year. Assuming in all cases no loss

of remission, another 29 will be released in 1971 and a

further 29 in the two years 1972 and 1973; the remainder,

with the exception of two serving life sentences, will be

released in the period 1974-77.

The Governor's Prerogative

3. Under the Letters Patent, the Governor may grant to

any convicted offender a pardon, either free or subject to

lawful conditions, or any remission of the sentence.

In the exercise of his power to remit sentences the

Governor is advised by a Prisons Poard of Review consisting

of four officials and two unofficials under the Chairmanship

of the Attorney General.

Review Procedure

4. Prison Rule 69 provides that normal remission of all

sentences shall be one third of sentence. Prison Rule 69A

lays down that sentences shall be reviewed after four years

and every two years thereafter provided the prisoner, if

over 21 at the date of the offence, is serving a term of

/imprisonment

CONFIDENTIAL

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