TNAG-0811-FCO40-1016-Review-of-sentences-passed-on-UK-citizens-by-courts-in-Hong--1978 — Page 25

PRIORITY

GR 450

CYPHER CAT A

FM FCO 021800Z

CONFIDENTIAL

CONFIDENTIAL

HKK 380./1

N2 34in DT

TO PRIORITY HONG KONG TELNO 177 OF 2 MARCH

4

YOUR TELS NOS 172 AND 237: PRISONERS

8

See I Hkk 380/6 1982

1. WE APOLOGIZE FOR THE DELAY IN REPLYING BUT WE HAVE HAD TO

CONSULT THE HOME OFFICE.

2. UNDER SECTION 8(1) OF THE COLONIAL PRISONERS REMOVAL ACT 1884, A TRANSFERRED PRISONER IS TREATED EXACTLY AS IF HE HAD BEEN

CONVICTED AND SENTENCED IN THE UNITED KINGDOM. THE SENDING COUNTRY HAS POWER TO REMIT SENTENCE AND DISCHARGE THE PRISONER AS IF HE HAD NOT BEEN TRANSFERRED. WE HAVE ASSUMED THAT YOU WILL NOT WISH TO MAKE A REQUEST FOR EARLIER REMISSION IN THIS CASE.

3. IT IS NOT POSSIBLE TO SAY WHEN

WOULD BE

LIKELY TO BE RELEASED ON LICENCE IF RETURNED TO THE UNITED KINGDOM.

EACH CASE IS DEALT WITH INDIVIDUALLY ON ITS OWN MERITS. THE HOME

SECRETARY CANNOT ORDER THE RELEASE OF A LIFE SENTENCE PRISONER UNLESS HE IS RECOMMENDED TO DO SO BY THE PAROLE BOARD (ALTHOUGH HE IS NOT BOUND TO ACCEPT THE BOARD'S RECOMMENDATION) AND AFTER.. HE HAS CONSULTED THE LORD CHIEF JUSTICE AND, IF HE IS AVAILABLE,

THE TRIAL JUDGE.

4. AFTER A LIFE SENTENCE PRISONER HAS BEEN DETAINED FOR ABOUT 3 YEARS, HIS CASE IS CONSIDERED BY A JOINT COMMITTEE, COMPRISING THREE REPRESENTATIVES OF THE PAROLE BOARD (THE CHAIRMAN, THE

VICE-CHAIRMAN WHO IS A HIGH COURT JUDGE

AND A PSYCHIATRIST)

AND 2 SENIOR OFFICIALS OF THE HOME OFFICE, WHICH FIXES THE DATE

FOR HIS CASE TO BE REFERRED TO THE LOCAL REVIEW COMMITTEE AT THE

PRISON IN WHICH HE IS DETAINED AS THE FIRST STAGE IN A FORMAL REVIEW

BY THE PAROLE BOARD. IF THE PAROLE BOARD DOES NOT RECOMMEND RELEASE AT THE FIRST OR ANY SUBSEQUENT REVIEW, IT-FIXES A DATE FOR THE

NEXT FORMAL REVIEW TO BEGIN. AS A ROUGH GUIDE, THE RELEASE OF A LIFE SENTENCE PRISONER

U

IF AUTHORISED WOULD TAKE PLACE ABOUT

18 MONTHS AFTER THE DATE OF CONSIDERATION OF THE CASE BY THE LOCAL

REVIEW COMMITTEE.

CONFIDENTIAL

15.