TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 7

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working for the Chinese Government of whose whereabouts we have

have no knowledge.

4.

Against these releases a number of those imprisoned in Hong

Kong have also completed their sentences and, with one exception,

have earned full remission. The result is that the number of

"confrontation" prisoners has dropped from about 135 at the time of Mr. Grey's release to about 80 today. While the Chinese are aware how many of those convicted have now been released they still seem to look to us to make a gesture. They are, I think, conscious of the difficulty that making substantial releases ahead of time would cause for the Governor in Hong Kong, but it is at least arguable that we shall not get any news of the British subjects still detained unless we can make some gesture.

15.

The annex to this submission shows the total of prisoners held today and their expected dates of release, on the assumption that full remission is earned. It will be seen that two of the prisoners are doing life sentences (presumably for involvement in bombing incidents). The earliest that they are likely to be

released is 1977. By the end of 1974 all but 7 of those now held

will be free, but can we afford this running sore in Sino-British relations to remain in being so long? And if not can we do anything

about it?

6. In 1968/9 the Governor, in accordance with his normal review procedure, instructed his review board to look at all prisoners whose sentences exceeded 4 years. It was well known locally that

this was not unconnected with the case of the news worker with the

longest sentence. The review resulted in the cutting of his

sentence so that he was released in October 1969 thus enabling the Chinese to release Mr. Grey. There have been no other special measures of clemency, though one prisoner was released in 1969 on

the grounds of ill health - and one prisoner died in hospital

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(a case which occasioned strong protests from the Chinese).

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The Governor remains very strongly of the view that there must be no interference with the course of justice and no premature

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CONFIDENTIAL