TNAG-0280-FCO40-316-Visit-of-Parliamentary-under-Secretary-of-Foreign-and-Common-1970 — Page 65

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

CONFIDENTIAL

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and certainly over sick prisoners.

This applies particularly

bo Mr. Crouch and thir.

Tristan, to whom we

}

premature release, we shall undermine public

confidence in Hong Kong which in turn will .

make the task of government more difficult.

There may also be complaints from other prisoners alleging discrimination in favour of Confrontation Offenders. Unofficial members

local of the Review Board may come under pressure if they grant a favourable review. In our view,there is no question of our bending the law. The Governor has full legal right

to review sentences. A further review would be well within his prerogative. Moreover he is requested to review regularly exemplary sentences. Although it/is difficult to disagree with the man on the spot, it i

be

possible? argued that the level of complaint will be tolerable, and that moves to ease relations with China will be welcomed by sophisticated local opinion.

9.

very

A

com

It is important also in terms of Sino-

British relations that there should be some movement over prisoners,. In recent interviews the Chinese have linked Hong Kong prisoners with our own/detainees in China in a very precise fashion. This was done most recently during Mr./Morgan's conversations with we a Foreign Ministry official in Peking. Following Mr. Watts release, the Chinese have made it perfectly clear that they expect some gesture in retárn. If we ignore this, there is a real fisk that they will seek to throw a legal cover over the detention of British subjects by sentencing them to long periods of imprisonment. In October 1969 Von Xylander, a/German engineer, was sentenced to ten years imprisonment after about two years detention.

attach especial importance. On a more general level, the prisoners are a

major obstacle to a further improvement in

our relations.

10. We should like the Governor therefore to

consider a further review of sentences of

Confrontation prisoners under Hong Kong procedure in the light of Colonial Office circular 557/60 of May 1960.

Farkastan Department

CONFIDENTIAL Oucher 1970