TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 154

布政司署

香港下亞

畢道

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

本署檔號 OUR REF: (43) in SCR 11/2856/82 III

* YOUR REF: HKK 383/1

Mr Clinton E Leeks,

31 January 1986

PIRAR in Portão

Foreign & Commonwealth Officer

London,

SW1A 2AH.

Dear Stentor

MKK 383/

RECEIVED IN REGISTRY

06 FEB 1986

DESK OFFICES

INDEX

PA

PEGISTRY

Action Taken

Pre examine: the

Colonia Prisoners Removal Act

legal advice wealed

Cez 8/2

platt

R

5/14 (86/8)

Thank you for your letter. It has taken

us longer to respond than usual since, in the light of the advice from your Mr Hill, we felt it necessary to seek a second opinion from our legal advisers.

As you have stated the central issue in our deliberations, and, I think, the only point on which we differ, is who initiates the removal procedure. You are of the view that the procedure should be initiated at this end. We believe it should be initiated by the MOD working through the FCO. Our view is based on the legal advice given us earlier and now reinforced by a second opinion from the Solicitor General. The latter believes the legislation makes it quite clear that, in law, the Secretary of State is the main actor in the procedure.

It seems to me that you base your view on the presumption that Hong Kong would wish to get rid of UK nationals serving sentences in Hong Kong prisons. I strongly doubt whether this is the case. Public opinion in Hong Kong is in favour of the idea that a person who commits a crime in Hong Kong should also serve his sentence here. XCo reflects this view and is unlikely to initiate a procedure leading to the removal of a UK national from a Hong Kong prison to what is often seen, rightly or wrongly, as a more liberal regime in a UK prison. If a case should arise when we wish to remove a prisoner to the UK, we would be happy to make the first move.

11

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