TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 26

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

HM Prison Service

adquarters bell House John Islip Street

London SW1P 4LH

Telephone 01-211 3000 Direct line 01-211 8200

ры

Home Office

HM PRISON SERVICE

38

Clinton Leeks Esq

Hong Kong Department

Foreign and Commonwealth Office

LONDON

SW1A 2AH

Your reference HKK383/1

Our reference PDP/W 5908/11/2

Date

22 August 1986

Dear Katery

RELEASE OF PRISONERS UNDER SUPERVISION

Your letter of 4 August to P3 Division about the inquiry from Hong Kong has been referred to me.

The litigation referred to relates to a life sentence prisoner named Weeks who was released on life licence in March 1976 and whose licence was revoked in June 1977. In 1982, Weeks complained that his detention following the revoca- tion of his licence in 1977 was not lawful within the meaning of Article 5(1)(a) of the European Convention on Human Rights and that he was not able to take pro- ceedings before a court to determine the lawfulness of that detention as is required by Article 5(4).

Weeks' application was considered by the European Commission in 1984 who con- cluded by a majority of 10:1 that there had been no breach of Article 5(1) and by a majority of 7:4 that there had been a breach of Article 5(4). The case was subsequently referred to the Court of Human Rights and was heard by the Court on 17 March this year. We are currently awaiting their decision.

We will keep you informed

I enclose a copy of the Commission's report which you may wish to pass on to the Hong Kong Government Secretariat for their information. of developments.

KK 383/1

RECEIVYO IN REGISTRY

2 8 AUG 1986

G.STRY

PA

A. un Taken

Yours sincerel

Labannes

LA SCUDDER

Head of Life Sentence Section

P2 Division

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