TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 27

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Hong Kong Department

Mr. Walford

CONFIDENTIAL

The Release of Long Term Prisoners

You asked us to consider the relevance of the Colonial Office

circular despatch of May 1960 on the review of sentences for long

term prisoners and our experience in Cyprus over the premature

release of convicted prisoners to the problem of the confrontation

prisoners in Hong Kong.

2. The Memorandum enclosed with the then Colonial Secretary's

Circular 577/6 of 26 May, 1960 states in part in paragraph 8 that

"In more recent times the exercise of the Royal

Prerogative has been recommended not only on medical

grounds but, in exceptional cases, because circum-

stances have come to light which, had they been

known at the time of the trial, might have affected

the sentence or in order to reduce exemplary sentence

imposed primarily to deter others or sentences which

are disproportionately long in relation to the

periods for which murderers are currently being

detained.'

Governors of dependent territories are thus under standing instruc-

tions to review the cases of long term prisoners whose sentences

were imposed primarily for exemplary purposes. Some of the

sentences imposed during the disturbances in Hong Kong in 1967

CONFIDENTIAL

/might well