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RESTRICTED
AKK 3807
DESK
Reference
12 OCT 1977
(Legal Advisers)
INDEX
HONG KONG: POSSIBLE REMOVAL TO THE UK OF A UK NATIONAL SERVING A PRISON SENTENCE
1.
I would be grateful for your comments on the question that Mr Keith Stainton MP (Conservative - Sudbury and Woodbridge) has asked in the penultimate paragraph of his letter of 27 September to Lord Goronwy-Roberts (copy attached). As the letter suggests, Mr Clements, who is a UK national, has been committed for trial on a charge of murder and it seems likely that he will be found guilty.
2. As Mr Stainton suggests, UK nationals are, of course, regularly removed from Hong Kong to serve their sentences in the UK, but I have no knowledge of the removal of prisoners who were not serving members of HM Forces at the time of their conviction. It seems possible that sub-paragraphs 2(d) and 2(e) of the 1884 Colonial Prisoners Removal Act (copy attached) might cover Mr Clements' case.
3. I am sure that Hong Kong will have views on the desirability of Mr Clements, if convicted, being removed and I will need to consult the Attorney General before submitting a draft, required by 10 October, to the Minister's Private Office. I would be grateful therefore if your comments could be early ones.
CODE 18-77
13 $5 10/76
5 October 1977
Javed
T J David
Hong Kong & General Department K 245
233 4777
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