TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 50

CONFIDENTIAL

despatch, copied to Hong Kong, designed to bring some order into the different practices adopted within dependent territories for the review of sentences of long-term prisoners. Paragraph 8 of the despatch reads in part, "In more recent times the exercise of the Royal Prerogative has been recommended not only on medical grounds but, in exceptional cases, because circumstances 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 sentences imposed primarily to deter others or sentences which are disproportionately long in relation to the periods for which murderers are currently being detained.

Conclusion

5.

It is obvious that the situations in Cyprus in 1959 and the present circumstances in Hong Kong differ widely in detail. On the other hand there are broad similarities and it is possible to conclude that

(a)

there is a precedent whereby, following the restoration of order after an emergency, the government of a dependent territory with the agreement of HMG has authorised the release of prisoners convicted of serious offences in the furtherance of political aims other than those involving violence against the person;

(b) the releases did not cover prisoners

convicted of normal felonies;

(c) dependent territories are under standing

instructions to bear in mind the need for review of sentences of long term prisoners, where those sentences were designed primarily as a deterrent.

6.

Within the Hong Kong context it is worth remembering that out of the 115 Communist prisoners still in detention at the end of the first quarter of 1970, five prisoners were convicted basically of crimes of violence, 87 for the possession of offensive weapons, and 23 for the possession or use of explosives. (Hong Kong telegram No. 183) Only the first of these categories was excluded from the terms of the Amnesty in Cyprus in 1959. While this is not to suggest by any means that an Amnesty or a general review of sentence would necessarily be appropriate in Hong Kong, it is clearly not possible to argue that the premature release of prisoners convicted of serious offences, including the possession of arms and explosives, in a dependent territory is unprecedented or at variance with traditional British methods of Colonial administration.

{

Inspreeyed!

(L. V. Appleyard)

6 July, 1970