fco-21-1025-release-of-prisoners-convicted-for-offences-during-confrontation-with-communists-in-1967-1968-in-hong-kong — Page 3

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Would you be so kind as to have a copy of this

note passed to Mr. Royle.

This would make it canine for

the Chime to take there people

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Kan!

The age of

CONFIDENTIAL

Meup Roberts

(D.T.E Roberts) Attorney General.

14.11.72.

[

1

PRIORITY

EN CLAIR

(FE) 4X

FM FCO 2719157

UNCLASSIFIED

TO PRIORITY GOVERNOR HONG KONG TELEGRAM NUMBER 1972 OF 27 NOVEMBER 1972.

YOUR TELEGRAM NO 1162,

12 SINCE THE QUESTION IS FOR ANSWER ON 29 NOVEMBER WE HAVE AMENDED 8 TO
READ 7*

2

SEE MY TEL NO 1978

DOUGLAS-HOME

FILES:

FED

HKIOD

HR WILFORD

:

+

-

72

Kakkari atas Season 2+k",

I

I

NOTHING TO BE WRITTENJIN THIS MARGIN

Registry No.

DEPARTMENT

FE

SECURITY CLASSIFICATION

Top Secret

Secret

* Date and time (G.M.T.) telegram should

reach addressco(a).

27/

PRIORITY MARKINGS

(Date)....

Despatched

------------ IN

Confidential

Restricted

Unclassified.

Flash

Immediate }"

Priority Routine

PRIVACY MARKING

In Confidence

En Clair. Code Cypher

Draft Telegram to:-

Gover for

Hong Kong Hong Kong 1012

(Date)

And to:-

27/11

[Secu

Security classification -if any

ion]

UNCLASSIFIED 719152

[

Privacy marking --if any

1

[Codeword-if any]

GOVERNOR HONG KONG

Addressed to

**I d

telegram No.

And to.....

repeated for information to

Repeat to:-

Saving to....

Your telegram No 1161

1.

(date)

Since the question is for answer on 29 November

we have amended 8 to read 7.

2.

Sec

.my

tel no 1070.

Saving to:-

Q

Distribution:

File,

FED

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HK,OD.

Copies to:-

271845

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SECRET

Mr Evans

Mr Wilford

agree.

Mr Logan/

Private Seonat

і

A.R.

R

ÝCH 14/1 YEH

Enter

CONFRONTATION PRISONERS IN HONG KONG AND BRITISH DETAINEES

IN CHINA

'가

We kunk stop complaining. The Keres

are not worth

PROBLEM

1. Chou En-lai assured the Secretary of State during his

visit to Peking that the three remaining British detainees

would be released, but both he and Chang Wen-chin expressed

the hope that the confrontation prisoners in Hong Kong might

also be released. We need to find a way of demonstrating our

good faith without giving rise to domestic criticism here or

in Hong Kong that we have swapped convicted criminal elements

for the British detainees.

ARGUMENT

2. It seems clear that so long as we complain about the

British detainees the Chinese will respond with complaints

about the confrontation prisoners. They will perhaps endeavour

to make the release of the British subjects dependent on the

release of all the confrontation prisoners.

thee Vouth!3.

A.R

Only seven of the men convicted during the Confrontation

troubles in Hong Kong in 1967 remain in prison. Another has

just been released, on 28 November. Of those who remain,

three have sentences which will come to an end in February-

April 1973. The last four have much longer sentences and

1

SECRET

/as they

SECRET

as they were convicted of more serious crimes any act of

clemency towards them would be more difficult.

4.

Arising out of interest generated by the Secretary of

State's visit there has been some sharp criticism in Hong

Kong of the possibility of a swap. The Governor is therefore

anxious to avoid any action which could openly be construed

88 such. At the same time he has suggested that if it would

help the plight of the detained Britons to bring forward the

releases scheduled for next spring (on 24 February, 4 March

and 15 April) and to bunch them together just before Chinese

New Year (4 February) he would be willing to do so, on

condition that it should be done unilaterally and uncondition-

ally. The Chinese could be informed now that this was our

intention.

Chinese

5. This is a good suggestion. The reductions in the

sentences involved are marginal but the impact of the

accelerated releases will be considerably higher.

New Year is a feast of great symbolic importance, and has

figured previously as a target date in Chinese enquiries

about the Confrontation prisoners. If we inform the Chinese

now this will give them plenty of time to reflect on how to

respond. The Governor originally suggested that we should

tell them of our intentions when informing them of the release

due on 28 November in order to secure maximum impact. There

seemed however to be no disadvantage in doing it separately.

The number of prisoners now involved corresponds exactly with

the number of detained British subjects. Moreover a second

/approach

2

SECRET

bd

SECRET

approach from our side to the Chinese provides continuing

evidence that we are seeking to deal with the problem, which

is what they seem to want before they will release the three

British subjects.

6. There may be a problem over the four hard core cases who

will remain. The Governor has suggested that in the last

resort we might contemplate attempting deportation to China.

It is not necessary to make up our minds about that now. We

should first wait to see if the present gesture succeeds in

prompting the release of the three British subjects.

RECOMMENDATION

7. I therefore recommend that we should agree to the

Governor's helpful suggestion and submit a draft telegram to

Peking instructing them to inform the Chinese MFA of our

intentions.

8. I have discussed this with the Head of HKIOD who agrees

HM Embassy Peking are also in

with the recommendation.

favour of the Governor's suggestion.

CC:

Mr Stuart HKIOD

28 November 1972

Gellark

GE Clark

Far Eastern Department

I agree. R.M. Evans

29 November, 1972.

C

3

SECRET

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I fully agree.

On

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Mr Hervey

Mr Wilford

CONFIDENTIAL

70

CONFRONTATION PRISONERS IN HONG KONG

The Governor of Hong Kong has indicated that he would be

prepared to advance the release of three of the remaining

confrontation prisoners in Hong Kong to the eve of the next

Chinese New Year (ie 4 February 1973) if this would help in

establishing a favourable atmosphere for the Chinese to act

on the three remaining British detainees in China. He

suggested that we should tell the Chinese in advance.

telegram No 1148 of 24 November points out that another

prisoner, Law Lun, is due for release on 28 November and that

some impact may be lost if we do not use this occasion for

the advance notice of the earlier release of the three.

His

(It is not clear whether the Governor originally contemplated

postponing Law's release, but if he did he no longer wishes

to do so.)

2. The Department will submit further on the point of

there is advantage in the Governor's proposal.

substance:

On the presentational point, the impact of informing the

Chinese of the earlier bunching of the releases next Spring

is unlikely to be adversely affected by making it the subject

of a separate demarche. Indeed it could be increased. The

number of individuals concerned on both sides would correspond

exactly; the symbolic meaning of Hong Kong's gesture would

1

CONFIDENTIAL

/be more

CONFIDENTIAL

be more obvious; moreover there would be two communications

to the Chinese Government, and two actions by Hong Kong,

which would underline the point that the process of defusing

the issue of confrontation prisoners continues and will

continue.

3. In these circumstances there seems no need to ask the

Governor to hold up the release of Law Lun. I submit a

draft telegram.

4.

HKIOD agree.

CC:

Mr Evans HKIOD

27 November 1972

Fellark

GE Clark

Far Eastern Department

2

CONFIDENTIAL

1

egree

271x

A revised tel was sent.

Enter

27/4

..FIDENTIAL

+

PHEN/CAT A

FM HONG KONG 241006Z

CONFIDENTIAL

TO PRIORITY FCO TELNO 1148 OF 24TH NOVEMBER, 1972. INFO PRIORITY PEKING.

MY TELNO 151 TO PEKING.

PERHAPS I SHOULD HAVE EXPLAINED THAT IT WOULD BE RATHER DIFFICULT TO
POSTPONE LAW'S RELEASE. CONSEQUENTLY IF THE PROPOSAL IN PARAGRAPH 4 OF
MY TEL 1937 TO YOU IS TO BE ADOPTED ACTION SHOULD BE TAKEN

ON OR BEFORE 28TH NOVEMBER OR WE WILL LOSE ONE QUARTER OF AVAILABLE
IMPACT,

MACLEHOSE

FILES

r.E.D.

HKIOD

PUSD

SEAD

CONSULAR DEPT:

N. AM DEPT:

E.E.S.D.

DEFENCE DEPT:

PS

PS/MR ROYLE

PS/PUS

SIR S ORAWFORD

SIR T BRIMELOW MR ROSE

H

CONFIDENTIAL

P

+

SECRET

+

CYPHER/CAT A

HONG KONG 080545Z

SECRET

TO ROUTINE F C O TELNO 1037 OF 8TH NOVEMBER, 1972. INFO ROUTINE PEKING.

CONFRONTATION PRISONERS.

I PROMISED TO CONSIDER WHAT ROOM WE HAVE, FOR MANOEUVRE.

2. I THINK WE WERE AGREED THAT THE CHINESE INTEREST IN THE PRISONERS

WAS PROBABLY LARGELY A RESPONSE TO YOUR ENQUIRIES ABOUT THE

BRITISH DETAINEES IN CHINA THEY WOULD RELEASE THE LATTER IF WE RELEASED
THE FORMER, OR ALTERNATIVELY THEY WOULD COMPLAIN SO LONG AS WE DID.
WHILE THE BRITISH DETAINEES ARE SINGULARLY

UNDESERVING, TO GET THEM OUT WOULD DE A SMALL THING OUT OF THE WAY (IN
BOTH PARLIAMENTARY AND ANGLO-CHINESE TERMS) AND YOU ASKED ME WHAT WE
COULD DO.

3. IN THE LAST YEAR OR SO BOTH OURSELVES AND THE CHINESE HAVE KEPT THIS
PROBLEM OF THE CONFRONTATION PRISONERS AND THE UNOBTRUSIVE. REDUCTION OF
ITS SIZE OUT OF THE HEADLINES. BUT FOLLOWING THE

PRESS CONFERENCES IN PEKING AND HERE THERE HAS NOW BEEN SOME SHARP
CRITICISM HERE OF THE PRINCIPLE OF A SWAP. OTHER THINGS BEING EQUAL
THEREFORE I WOULD PREFER TO STAND ON THE TERMS SET OUT IN MY LETTER TO
WILFORD OF 6TH JULY, 1.E. 4 MORE RELEASES UP TO NEXT APRIL, THE CHINESE
TO BE NOTIFIED AS EACH RELEASE OCCURS, AND IF, AND ONLY IF, THE CHINESE
THEN PRESS US ABOUT THE REMAINING 4 (FOR WHOM ANY CLEMENCY WOULD BE MUCH
MORE DIFFICULT) TO OFFER TO DEPORT THEM TO CHINA,

4. HOWEVER, IF THIS WOULD HELP THE BRITONS WE COULD AGREE TO BUNCH THE
RELEASES SO THAT ALL WOULD BE CUT BEFORE CHINESE NEW YEAR, I.E.` 4TH
FEBRUARY, AND THE CHINESE COULD BE INFORMED NOW THAT THIS WOULD HAPPEN.

15.

SECRET

+

SECRET

5.

I WOULD PREFER THIS TO BE A UNILATERAL AND NOT A CONDITIONAL ACT. THIS
IS BOTH TO AVOID A HAGGLE, AND TO AVOID ANYTHING THAT COULD BE
REPRESENTLD AS A SWAP.

5.

IF THE CHINESE ENQUIRED ABOUT THE REMAINING 4, I SUGGEST CUR INITIAL
RESPONSE SHOULD BE THAT THESE MEN WERE ALL CONVICTED FOR PARTICULARLY
SERIOUS CRIMES WHICH

INVOLVED KILLING OR SERIOUSLY WOUNDING, AND THE QUESTION OF CLEMENCY
DOES NOT ARISE FOR THE TIME BE ING.

MACLEHOSE

FILES

FED

HISTOÐ

CONS D

NEWS D PS

PS/MR AMERY

[REPEATED AS REQUESTED]

PS/MR ROYLE

SIR E NORRIS

SIR D WATSON

MR WILFORD MR D A SCOTT

-2-

SECRET

+

Γ'

I

+

19

CONFIDENTIAL

IMMEDIATE

CYPHER/CAT A

FM F.C.0. 271839Z

CONFIDENTIAL

DESKBY 2831032 (HONG KONG)

I

1972

TO IMMEDIATE HONG KONG TELEGRAM NO. 1870 OF 27 NOVEMBER AND TO

PEKING.

67

YOUR TELS. NOS. 1937 AND 1148) CONFRONTATION PRISONERS. FROM WILFORD,

I AM AFRAID THAT WE HAVE NOT YET GOT MINISTERIAL APPROVAL TO THE
PROPOSITION IN YOUR FIRST, TELEGRAM UNDER REFERENCE WHICH, AS YOU KNOW,
I SUPPORT. 1 FEAR THAT LAW'S RELEASE MUST BE HANDLED IN THE NORNAL WAY
ACCEPTING ANY DISADVANTAGE TO US THIS MAY CAUSE. SORRY.

2. PEKING SHOULD INFORM THE MFA ON THE USUAL LINES.

DOUGLAS-HOME

FILES

FED

HKI OD

PUS D

SEAD

CONSULAR DEPT

NORTH AMER DEPT

DEFENCE DEPT

MR WILFORD

SIR E NORRIS

CONFIDENTIAL

·

PRIORITY

CYPHER CAT A

FM HONG KONG 27F938Z

CONFIDENTIAL

CONFIDENTIAL

TOP COF

TO PRIORITY FCO TELEGRAM NUMBER 1162 GF 27 NOVEMBER, 1972.

YOUR TELAO 1324': P.Q.8 1

P.Q.S: CONFRONTATION PRISONERS.

EIGHT (9) OF THOSE FOUND GUILTY OF OFFENCES ARISING FROM THE 1967
DISTURBANCES ARE STILL SERVING PRISON SENTENCES.

FCO PASS COPY TO HONG KONG GOVERNMENT OFFICE LONDON

MACLEHOSE.

FILES: HKIOD

PARLIAMENTARY UNIT

OLA

COPIES TO:

HONG KONG GOVERNMENT OFFICES 6 GRAFTON ST

71.

+

CONFIDENTIAL

to

}

-

PRIORITY

CYPHER/CAT A

Tôi HONG KONG 2419062

CONFIDENTIAL

CONFIDENTIAL

TOP JOFT

TO PRIORITY F C O TELNO 1148 OF 24TH NOVEMBER 1972 INNFO PRIORITY

PEKING.

71 MA

MY TELNO 151 TO PEKING.

lát

PERHAPS I SHOULD HAVE EXPLAINED THAT IT WOULD BE RATHER DIFFICULT

TO POSTPONE LAW'S RELEASE. CONSEQUENTLY IF THE PROPOSAL IN PARAGRAPH

4 OF MY TEL 1937 TO YOU IS TO BE ADOPTED ACTION SHOULD BE TAKEN

ON OR BEFORE 28TH NOVEMBER OR WE WILL LOSE ONE QUARTER OF

AVAILABLE IMPACT.

MACLEHOSE

FILES

F.E.D.

HKIOD

PUSD

SEAD

CONSULAR DEPT:

N. AM DEPT:

E.E.S.D.

DEFENCE DEPT:

PS

PS/MR ROYLE

PS/PUS

SIR S CRAWFORD

SIR ↑ BRIMELOW

MR ROSE

CONFIDENTIAL

I

RIORITY

CYPHER/CAT A

CONFIDENTIAL

CORY

FM HONG KONG 230348Z

CONFIDENTIAL

O IN

23 M- 50

*** 1/2

TO PRIORITY PEKING TELNO 151 OF 23RD NOVEMBER, 1972. INFO

KEH 14.

태 F C 0.

YOUR TELEGRAM NO. 79, PARA. 2 CONFRONTATION PRISONERS.

LAW LUN WILL BE RELEASED ON 29 NOVEMBER.

MACLEHOSE

FILES

HKIOD

FED

PUSD

SEAD

CONSULAR DEPT:

N. AM DEPT:

E.E.S.D.

DEFENCE DEPT:

PS

PS/MR ROYLE

PS TO PUS

SIR S CRAWFORD SIR T BRIMELOW

MR ROSE

CONFIDENTIAL

+

P

+

F

f

J

L

I

¿

IMMEDIATE

EN CLAIR

FM PEKING 130630Z

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