CYPHER/CAT A
CONFIDENTIAL
IMMEDIATE
RỒNG KONG
TO F.C.0.
TELEGRAM MUMBER 751
28 OCTOBER 1970
CONFIDENTIAL 2889852
ADDRESSED TO FOREIGN AND COMMONWEALTH OFFICE, LONDON TELEGRAM
MUMBER 751 OF 28 OCTOBER 1970.
70
YOUR TELEGRAM 726.
PARLIAMENTARY QUESTION BY MR JOHN RANKIN.
2. 1 RECOMMEND A REPLY TO THE FOLLOWING EFFECT-
74
"'NO SIR. IN THE EXERCISE OF THE PREROGATIVE POWER OF REMISSION THE GOVERNOR ALREADY RELEASES FROM PRISON ANY PRISONER WHO IS
THOUGHT TO BE UNLIKELY TO SURVIVE HIS SENTENCE."
3. THE TERM INCURABLE COULD OF COURSE APPLY TO SOME MINOR AILMENT
WHICH MAY NOT AFFECT A PRISONER'S LIFE EXPECTANCY. I PRESUME
HOWEVER THAT MR RANKIN IS USING INCURABLE' IN THE SENSE
IMPLIED BY PRISON RULE 148(2) WHICH STATES:-
(2) THE MEDICAL OFFICER SHALL MAKE HIS RECOMMENDATIONS IN WRITING TO THE COMMISSIONER FOR TRANSMISSION TO THE GOVERNOR WHENEVER
HE IS OF THE OPINION THAT THE LIFE OF ANY PRISONER WILL BE
ENDANGERED BY HIS CONTINUANCE IN PRISON, OR THAT ANY SICK
PRISONER WILL NOT SURVIVE HIS SENTENCE, OR IS TOTALLY OR
PERMANENTLY UNFIT FOR PRISON SENTENCE."
4. IN PRACTICE, THE GOVERNOR HAS INVARIABLY RELEASED A PRISONER ON RECEIPT OF A RECOMMENDATION FOR A REMISSION OF SENTENCE
FROM THE PRISON AUTHORITIES UNDER PRISON RULE 148.
5. ONE WOULD HOPE THAT SUPPLEMENTARIES WHICH ATTEMPTED TO
DIFFERENTIATE BETWEEN THOSE IMPRISONED FOR CRIMES COMMITTED
DURING THE 1967 CONFRONTATION AND OTHERS COULD BE AVOIDED.
BUT IF MATTER OF THIS KIND IS RAISED, THE SHORT ANSWER IS THAT
WHAT HAS BEEN SAID APPLIES TO ALL PRISONERS.
6. 1 FURTHER SUGGEST THAT NO MENTION SHOULD BE MADE OF THE CRITERIA
REFERRED TO IN DEMI-OFFICIAL CORRESPONDENCE WITH WILFORD. NO
REPEAT NO MENTION OF THIS HAS BEEN MADE LOCALLY, AND MENTION
IN U.K. WOULD EMBARRASS, US.
SIR H. NORMAN-WALKER.
FILES
ADDITIONAL DISTRIBUTION
HONG KONG DEPT.
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F.E.D.
414/12
SIR L. MONSON
MR. WILFORD
P.S. TO MR. ROYLE
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CONFIDENTIAL
4 COPIES U.N.DEPT.
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