TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 58

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CONFIDENTIAL

Far Eastern Department,

Sispatched

24/7

37

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REF.

36

24 July, 1970.

NEXT

REF.

Stil moverly: 810 11 Agur. In 1978

Confrontation Prisoners

D6/8

Please B/U I were

UNA27

Many thanks for your two letters of 14 July, and the prompt despatch of the monthly table of releases which will be extremely useful. We shall be very interested to see the note on the sick prisoners as soon as this can possibly be sent. I assume that it will include early information on the prisoners about whom you will have heard through other channels.

ch.t

2. We are in complete agreement with you at a head-for-head deal with the Chinese, trading sick prisoners against detained British subjects, is quite out of the question. This is certainly not what we had in mind. Nor do we think that the Chinese envisage a barter of this kind either; certainly our exchanges have never indicated that this is what they are seeking.

3. Our prime consideration in all this is of course to see whether we can make some gesture which would be noticed by the Chinese and would help in securing the release of British subjects without at the same time damaging our position in Hong Kong. A cardinal rule in moves of this kind is that whatever we do in Hong Kong must not lead to an adverse reaction from local public opinion. It occurs to us that the sick prisoners may provide such an opportunity. There are already firm precedents both in the Colony and in this country for the release of prisoners on medical grounds. You cite a good example from 1969 in your letter. It is also part of the Review Board's remit under Rule 69A (1) that the prisoners' state of health should be taken into account in the review procedure.

4. Our enquiry is, of course predicated on the assumption that the prisoners concerned are genuinely sick and that they were not guilty of heinous offences during 1967. If we find, for example, that some of them were convicted of very serious crimes then they would obviously not qualify, unless there were pressing medical grounds for their release in any case. I should emphasise too that we have no intention of slipping into a position whereby the Chinese effectively select sick prisoners for release on our behalf. Each case will have to be judged on its merits.

C. J. Howells, Esq.,

HONG KONG,

Copied to: J. N. Allan,

PEKING.

Esq.,

(L. V. Appleyard)

CONFIDENTIAL