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permission. In January 1975 Amnesty International Secretary General Martin Ennals wrote to British Foreign Secretary James Callaghan to ask what steps the Hong Kong government had taken to ascertain beforehand whether these individuals would face punishment on their return, and whether an attempt had been made, once the decision to deport had been taken, to find alternative countries of residence.
In reply, Under Secretary of State Lord Goronwy-Roberts asserted that “each case is quickly but carefully examined...and full account is taken of any special circumstance or genuine hardship". However, the principles on which the screening procedures and assessment of each case were based remained unclear. Lord Goronwy-Roberts also maintained that going to Hong Kong illegally would normally be regarded by the Chinese authorities as a civil misdemeanour, not calling for penal correctives, although no evidence was given on this point. As for third countries of residence, those possessing valid entry permits would "probably" be permitted to travel onwards, but Hong Kong would not and could not become a general clearing-house.
India
The largest number of political prisoners in India remain detained in West Bengal. Following the hunger strike of 46 political prisoners demanding improvements in prison conditions, Amnesty International Secretary General Martin Ennals wrote on 14 June 1974 to Prime Minister Indira Gandhi of India and the Chief Minister of West Bengal, Siddharta Sankar Ray, presenting a re- port on the treatment and detention conditions of political prisoners in the State. When no response was received to this report, nor to any of the earlier letters AI had sent to the Indian government on the subject, the report was published on 16 September 1974.
In this Report on Prison Conditions in West Bengal, AI, following its normal policy of not condoning acts of violence, expressed its concern about the large numbers of political prisoners detained without trial. These are estimated at between 15,000 and 20,000, some of whom have been so detained for up to five years. Most of the prisoners are alleged to be members of the Communist Party of India (Marixst-Leninist), commonly known as "Naxalites", others are members of the Communist Party of India (Marxist). Some are detained under preventive detention laws in force since the state of emergency declared in 1971 (such as the Maintenance of Internal Security Act and the Defence of India Rules), but most are "under trial" prisoners, charged with specific criminal offences.
Prisoners live in extremely overcrowded conditions, which may well have contributed to the deaths of 88 prisoners (reportedly while trying to escape) during the period December 1970- January 1972. The report further listed the use of bar fetters on prisoners, sometimes for periods of up to two years, and insufficient hygienic and medical facilities, as well as the use of torture during police interrogation.
Al submitted a number of recommendations with the report, suggesting that the government confine itself to prosecuting only those against whom there is evidence that they committed criminal offences, and that all such prisoners be brought to trial without further delay or, alternatively, be released if no
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