TNAG-0652-FCO40-801-Planning-Staff-papers-on-human-rights-and-foreign-policy-cou-1977 — Page 52

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

CHINA (PEOPLE'S REPUBLIC OF)

Report by Far Eastern Department

Right No.

(i) Up-to-date information on imprison-

ment without trial is not available. Cases of imprisonment without trial (including some involving foreigners) have occurred in the past, notably during the Cultural Revolution of 1966-69. Α decree enacted in 1957 provided that certain categories of persons (eg minor offenders and the work-shy) could be detained and subjected to labour reform,

without trial. As far as is known, there is no legal requirement for bringing arrested persons to trial within a specified time.

(ii) Cases of physical maltreatment

(as well as intense psychological

pressure) have been reported, but there is no evidence of the systematic use of torture.

Rating suggested by Department

7

(iii)

Slavery does not exist.

(iv)

The Constitution provides for freedom of speech and freedom of the press, but in practice these freedoms are severely restricted. Critical views may be expressed in wall-posters, but the persons concerned are likely to encounter various forms of pressure. The press is controlled by the Party and, with few exceptions, does not apply objective standards of reporting.

(v) The principle of the independence of the

judiciary is not recognised. In accordance with current political doctrine, the courts in common with other sectors are under the leadership of the Party.

(vi) Trade Unions are subservient to the Party but

also perform the function of providing certain welfare facilities for workers.

CONFIDENTIAL

3

О

8

10

9

/(vii)

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