TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 65

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On 30 June 1977 the Home Secretary ordered that the applicant's licence be revoked under Section 62 (2) of the Criminal Justice Act 1967. In accordance with Section 62 (4) of the Act his case was referred to the Parole Board which decided to defer consideration of his case until the outcome of his appearance in court, in connection with the above offences, was known.

On 3 October 1977 he was convicted on charges of taking a dumper truck for his own use, being in possession of an air pistol as a prohibited person, theft of some alcohol and damaging a police blanket. He was sentenced to a conditional discharge for two years and the judge left it to the Home Office to consider the question of revoking or retaining the life licence, with the suggestion that he be allowed his liberty again.

The applicant's case was considered by the Parole Board in December 1977. They took the view that the applicant was still a danger to himself and to the public and confirmed his recall.

The Parole Board considered the case again in May 1979 when it recommended that he be released on licence once more. The Home Secretary, after consultation with the Lord Chief Justice and the trial judge did not accept the Parole Board's recommendation and decided that the applicant should be transferred to an open prison. In November 1979 he absconded from the open prison to Spain, surrendering himself to the police in April 1980. In May 1981 the Parole Board recommended that the applicant be released on licence as soon as resettlement arrangements could be made. The Home Secretary accepted this recommendation and decided upon a provisional release date of February 1982, subject to pre-release employment at Maidstone Prison Hostel. However in October 1981 he was involved in a violent struggle with the hostel wardens during which one officer was injured on the thumb with a knife. On 28 October 1981 he was found guilty of the offence of malicious wounding at Maidstone Magistrate's Court and sentenced to three months' imprisonment.

The applicant was eventually released on recommendation by the Parole Board on 18 October 1982. As a hostel place could not be found for him, he is living in Maidstone under the close supervision of the Probation Officer.

COMPLAINTS AND SUBMISSIONS

Article 5(1)(a)

The applicant accepts that his detention in 1966 was lawful, following his conviction by a competent court. He submits, however, that his detention after revocation of his licence in 1977 was not in accordance with this provision. He was released in March 1976 on licence and although he had received a warning letter from the Home Office in April 1977 he had remained at liberty under licence until June 1977, a period of one year and three months. At his trial in October 1977, following the incidents at the friary, the judge