had the power to issue a new warrant when the old one expired.
In other words the detainees were held without trial and
without any other judicial process on the authority of the Colonial
Secretary. There was a review board procedure but
the names of the members and the proceedings of the board vere
secret.
3.
The detention arrangements served a very useful purpose during the 1967
confrontation but in 1968, when that confrontation had plainly come to
an end, ve in the Hong Kong Government became more and more conscious
that this practice vas not one of the most admirable British traditions,
that ve
vere going to come increasingly under fire from critics who vere
by no means communist inspired and that ve could release the detainees
without much risk to the internal security of Hong
Long.
4.
The Police proposed in July 1968 that a gradual series of releases
should begin. The first two detainees were accordingly released on 6
July 1968 and the programme continued fairly steadily until the last of
the 52 were released on 12
May 1969. These releases vere one of the elements which ve
think contributed at that time to the slow but steady improve-
ment of relations between Britain and China.
5.
Once the detainees had been released ve put the relevant Emergency
Ordinance into limbo. It is no longer in effect but could be brought
quickly back into force by an order of the Governor if the local
situation made it necessary once again to use this detention technique.
(A F Maddocks)
cc R M Evans Esq (FED FCO)
J DI Boyd Esq (WASHINGTON)
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Mr Evans
Mr Wilford
Sir L Monson
*O IN
B
CONFRONTATION PRISONERS
1.
Peking telegram No 21 to Hong Kong of 11 Apfil raises the issue of the
possible deportation of the remaining Cohfrontation prisoners. The
subject was covered in the brede prepared for Sir L Monson's visit.
2.
11
Brief No 10 suggested that Sir L Monson should discuss with the Governor
the question of deportation of the "Hardcore" In these circumstances SiL
Monson may wish to telegraph to Sir Murray MacLehose on the lines of the
attached draft
3.
attached
Hong Kong Department concur.
12 April 1972
cc:
Mr Laird
.
Defyover
R BR Hervey
Far Eastern Department
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07
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TOP
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ว
30
FM PEKING 115820Z
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FEH M
TO ROUTINE HONG KONG TELEGRAM NO 21 OF 11 APRIL INFO ROUTINE FCO.
MY TEL NO 239: CONFRONTATION PRISONERS.
1. I UNDERSTAND THAT TRENCH ONCE TOLD DENSON THAT FOR HIS PART HE WOULD
BE HAPPY TO HAVE THE CONFRONTATION PRISONERS EXPELLED ACROSS THE
FRONTIER IF THE CHINESE GOVERNMENT WOULD ACCEPT THEM. WOULD YOU BE
PREPARED TO CONSIDER A SOLUTION ALONG THOSE LINES NOW?. I CANNOT SAY
WHETHER THE CHINESE GOVERNMENT WOULD FOR THEIR PART BE AGREEABLE BUT IF
YOU CONSIDER EXPULSION A FEASABLE PROPOSITION FROM YOUR POINT OF VIEW I
COULD TRY SOUNDING OUT CHANG WEN-CHIN.
/REPEATED AS REQUESTED/
ADDIS
DEPARTMENTAL DISTRIBUTION
FED
HKD
N AM D
NEWS D
GIPD
RES D (FES)
RES D (AMS)
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29
K1 1411
Brief No 10
SIR L MONSON'S VISIT TO HONG KONG, APRIL 1972
CONFRONTATION FRISONERS
BACKGROUND
1.
As a result of the "confrontation" riots in 1967 1832 nen
and women were convicted of offences and imprisoned. On 1 January
this year only 23, mainly convicted of violent crimes, were still
in prison. The sentences of all long term prisoners in Hong Kong
ars reviewed regularly bẹ the Frison Board of Review, which makes
recommendations to the Governor. The prisoners' state of health
and conduct are all taken into account tegether with any other
relevant factors. During 1971, a total of 45 confrontation
prisoners were released their sentences having been reduced on the
recommendation of the Prison Board of Review, On 9 December 1972,
the Board of Review recommended reductions of sentences for 6
further prisoners. They will be released at a rate of roughly
one a month between January and mid-July. The press was informe d
on 18 January of the first 3 releases. The Chinese Government were
also informed. we are at present considering the best method of
communicating to the Chinese the news of the next 3 "early" releases,
By the end of July, 17 confrontation prisoners will remain.
The Governor's ain as set out in the "Guidelines" agreed before
2.
his departure is to work for a solution of this problem in the course
of 1972 based on:
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3.
b.
a continuing series of releases;
an offer to the Chinese to deport the
hard core whose sentences cannot be
reduced.
The Chinese have not made a major issue of this question
for some time, but lose few opportunities to mention it. Mr Tem
Dalyell MP gave the Chinese an undertaking to "look into" the
question after his visit to China in November last year. The Head
of the Western European and American Department in the Chinese MFA
referred to the matter during Mr Addis's call on him on 27 March
Hr
(leking tel No 239 and paragraph 9 of the record; copies attached).
Of the remaining 17 prisoners, 12 are due for release in the
normal way in 1973 and 1974, but 5 have even longer sentences. Two
of these have life sentences.
4.
LINE TO TAKE
5.
The Governor knows that we want an early solution of the
probles. But he is faced with the possibility of local opposition
and adverse public reaction to any further accelerated releases;
the remaining 17 prisoners, most of whom were convicted of crimes of
violence, must be regarded as the hard core, whose release before
their time would be difficult to justify to public opinion in the
Colony. For this reason, we have deliberately refrained from pressing
the Governor on the subject. However, there can be little doubt
that the Chinese intend to pursue the matter. It would be useful
2
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/if Bir Leslie
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if Sir Leslie Monson could now ask the Governor what prospects he sees
of further accelerated releases this year.
6.
Our own preference would be to try to bring forward for
release during 1972 as many as possible of the 12 due for release
in the ordinary course during 1973 and 1974. An alternative
course (which the Governor might be prepared to consider) would be to
make an offer to the Chinese to release all the remaining 17 prisoners
together, provided that the Chinese agreed to accept their deportation
to China. They have refused to agree to
deportation before, but might now be prepared to be more accommodating.
Far Eastern Department
11 April 1972
3
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FRIORITY
CYPHER/CAT A
FM HONG KONG 283955Z
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CONFIDENTIAL RESSIVED TH
REGISTRY No. 52
2 8 MAR 1972
FER 14
TO PRIORITY F C O TELEGRAM NUMBER 269 OF 29TH MARCH 1972. INFO ROUTINE
PEKING.
PY TELEGRAM NUMBER 97 TO FCC (NOT REPEATED), AND PEKING
TELEGRAM NUMBER 2 TO ME.
DEATH SENTENCE ON HO CHEUNG.
I HAVE COMMUTED THE SENTENCE TO 25 YEARS. THE ADVICE OF THE COUNCIL
APPEARED TO BE UNANIMOUS IN FAVOUR OF ALLOWING THE LAW TO TAKE ITS
COURSE POLITICAL CONSIDERATIONS APART, AND IT WAS ONLY THE LATTER WHICH
INFLUENCED THEM TO RECOMMEND COMMUTATION TO THE STIFFEST SENTENCE
AVAILABLE.
2. AS HO HAS AREADY RECEIVED A SENTENCE OF 4 YEARS FOR ROBBERY THE
COMBINED SENTENCES AMOUNT TO 29 YEARS.
FCO PASS COPY HONG KONG GOVERNMENT OFFICE LONDON.
MACLEHOSE
(REPEATED AS REQUESTED]
FILES
F.E.D.
H.K.D.
SIR L MONSON
SIR S TOMLINSON
HR WILFORD
P.S. TO MR ROYLE
+
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(0)
PRIORITY
TAKE
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+
21
14/3
CYPHER CAT A.
FM PEKING 262215Z.
CONFIDENTIAL.
ASE CONT
PRIORITY FCO TELEGRAM NO. 230 OF 29 MARCH 1"FO HONG
KONG AND WASHINGTON
CONFRONTATION PRISONERS,
1.
D IN
LY No. 32
29 MAR 1972
Ен
DURING MY CALL ON THE DIRECTOR OF WESTERN EUROPEAN AND
AMERICAN DEPARTMENT ON 97 MARCH, THE CUESTION OF CONFRONTATION
PRISOWERS WAS RAISED FOR THE FIRST TIME FOR SEVERAL MONTHS.
AFTER I HAD MENTIONED OUR OUTSTANDING CONSULAR PROBLEMS AND SAID
THAT THESE HAD CONSTITUTED AN IRRITANT IN OUR RELATIONS AND THAT I WAS
THEREFORE GLAD TO HEAR OF GLADYS YANG'S RELEASE (MY TELKO 234), CHANG
SAID THAT HE HOPED THAT SIMILAR QUESTIONS
ON THE CHINESE SIDE COULD BE SOLVED QUICKLY. HE UNDERSTOOD FROM
HONG KONG THAT THE MAJORITY OF THOSE CHINESE IN PRISON THERE'' HAD BEEN
RELEASED PUT APART FROM ONE WHO WAS DUE FOR RELEASE LATER ON
THIS YEAR, THERE WERE STILL 2o LEFT, HE HOPED THAT STEPS WOULD
BE TAKEN TO HAVE THESE RELEASED AS SOON AS POSSIFLE SO THAT
THE QUESTION WOULD SOON BE SETTLED. 1 REPLIED THAT I WOULD
REPORT WHAT HE HAD SAID, I KNEW THAT THE DIFFICULTY WAS THAT
THESE PEOPLE HAD BEEN SENTENCED FOR CRIMES THEY HAD COMMITTED
IN HONG KONG. AS CHANG KNEW, THEIR CASES WERE REVIEWED PERIODICALLY AND
A NUMBER HAD BEEN RELEASED AHEAD OF TIME UNDER
THIS PROCEDURE. CHANG SAID THAT HE DID NOT WANT TO GO INTO
DETAILS BUT HE RAISED THE QUESTION TO MAKE THE POINT THAT
ALONG WITH THE DEVELOPING RELATIONS BETWEEN OUR TWO COUNTRIES,
HE HOPED ALL SUCH QUESTIONS COULD BE SETTLED.
2. BY COMPARISON WITH EARLIER CCCASIONS ON WHICH THIS QUESTION HAD
BEEN RAISED CHANG'S PRESENTATION WAS VERY MUTED. BUT HE
IS A MILD MANNERED MAN AT ALL TIMES AND I THINK HE INTENDED US TO
GET THE YESSAGE THAT IN THE CHINESE VIEY THE CONTILUED IMPRISONMENT
OF DETAINEES IN HONS KIG IS A "ATTER OF CONTINUING COPCERP
TO THE CHINESE GOVERNMENT AND THAT THEY EXPECT US TO TAKE
THEIR INTEREST IN IT SERIOUSLY.
ADDIS
[REPEATED AS REQUESTED]
DEPARTMENTAL DISTRIBUTION
FED
HONG KONG DEPT:
NORTH AMERICAN DEPT:
NEWS DEPT:
GIPD
RESEARCH DEPT(F.E.SECTION)
ti
H
(AMERICAN SECTION)
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CS. 41A
2600077
20,000-|0771-894067
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SCR 7/3371/68 II
H L1 Davies Esq
FED
F CO
RITAYO IN
R:
R & JAYX.30
YEH H
126
COLONIAL SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
23 March, 1972
Enter +
128/5
Deem Haugh
CONFRONTATION PRISONERS : RELEASES
Michael Wilford last wrote to Arthur Maddocks
about this on 18 February. FCO telegram No. 24 to
Peking proposed that three further releases should be
notified to the MFA some time in May. In the light of the correspondence
you may soon want to decide with Peking whether this notification should
take place, and if so
whether it is to be the last, As seen from here there is
something to be said for making the exchange of Ambassadors in this as
in many other matters the great divide, and not
informing the M F A in May.
2.
But our direct interest is to have guidance comfortably before Chan
Chin-Fong is released on 12 May. What is done in Peking will affect
whether the Information Services announcement (which would normally be
made here on 11 May) refers to Chan alone, or whether it should also
mention the releases of two further prisoners in June and
July.
CC
Часто
Chris
RC Samuel Esq PEKING
(C J Howells)
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A
Er Tixford
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RECEIVED IN REGISTRY No. 50 16 MAR 1972
enter
25
FEH 14/1
16.7
CONFRONTATION PRISONERS
You may wish to see this up-to-date list of Confrontation
prisoners and their expected release dates.
15 March 1972
Co
Mr Laird
SALMum
J A L Kerjan
Far Eastern Department
I have kept to aver for myrom file
Thank
you.
Mu
له
167
3
CONFIDENTIAL
RECEIVED IN
STRY No.50
14 MAR 1972
FEH 14/1
24
enter of Submit
With the Compliments of the
Political Adviser
Hong rộng
8/3/42
CONFIDENTIAL
CONFRONTATION PRISONERS HELD ON MARCH 2, 1972
246
Sentence
Name
Prison No.
_(years)
Expected date of discharge
1. CHAN Chin-fong
28330
5+8+8+2 concurrent (revised to 7
years)
-
12.5.72
2.
CHAN Sang-cheung
29863
10
15.8.74
3.
CHAN Yik
28489
8+4 concurrent
3.2.73
Expected Releases
4.
CHAN Yuk-va
28754
10+10 concurrent
4.7.74
1972
4
5.
CHENG Yat-choi
28669
8
17.3.73
1973
6
6.
CHU Wing-chuen
28998
Life
1974
7.
IP Sing
29884
9+9+5+9+9 concurrent
11.1.74
1975
1
B.
IP Tat-shing
28999
10+5+Life+life concurrent
1976
2
9.
LAI Ivong
28329
5+8 concurrent (reduced to 7)
14.4.72
Life
2
10.
LEUNG Pun
30412
5+5+8+5 concurrent
9.6.73
11.
LO Lun
32869
4+8 consecutive
28.3.76
Total: 21
12.
LO Shui-yan
30954
12+12+12 concurrent
15.2.76
13.
LUK Nam
29279
8
6.4.73
14.
MOX Siu-kui
29736
12
14.12.75
15.
SZETŐ Foon
29281
8
7.4.73
16.
TAM Fat (alias WONG Yau)
28707
10+5 concurrent
24.6.74
17.
TO Min
28906
8
16.3.73
18.
TONG Ching-ping
27993
5+8 concurrent (revised to 7)
14.7.72
19.
TSANG Mui
28834
9 (revised to 7)
14.6.72
20.
TSUI Chun
29882
9+9+5+9+9 concurrent
11.1.74
21.
YAU Wai
29883
25.1.74
CC
FC01
FEXING
Hon A G
9+9+5+5 concurrent
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Kai !!!!
AP Yaddocks Isq НОМ КОНО
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+
Desp). ( 21|2.
18 February 1972.
2.2
CONFRONTATION PRISONERS
1.
I received John Addis' letter 1/7 of 8 February after sending my letter
to you of 15 February.
2. I do not feel strongly about my own proposal or John Addis'
preference for the course in paragraph 3(a) of your latter of 17
January. I recognise that the latter has the advantage that the Chinese
will note, at least until July, that releases are continuing even though
we have not specifically informed them. This might defer the time
when they would feel obliged to complain.
Ji Addis Bị Giả PEKING
XM Wilford
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1/7
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FEST
F
K M Wilford Esq CMG
Forcish. anu Commonwealth office LONDON SWL
OFFICE OF THE BRITISH CHARGE D'AFFAIRES
PEKING
6 February 1972
F.E.De.
3
(22
Dear Michael,
CONFRONTATION PRISONERS
just signed off your treft to Mr Maddocks this morning.
MW%2
Su123
сво
1592
1. I was interested to see a copy of Arthur Maddocks's letter SCR
7/3371/68 II of 17 January 1972 to you.
I
2. After discussion with the Mission staff here, I consider that the
balance of advantage lies in stopping Lotifications to the amnese about
the release of prisquer.. The most recent such notification was, as you
will remember, given to the Director of west European and American
Department on 14 January; sugest me make it the last. There is no doubt
that the Cuinese will bet to hear of releases whether I notify them or
not, and it has become clear that the prisoners are not at present so
active an issue for them as they once were. If a Pukin-inspired campaign
started up again, it would be as a symptom of a deteriora- tion in our
relations for other causes, and not because it had been stimulated by
any mine, or at any rate overriding, concern here for the hard core of
detainees.
3. This does not mean that we can take the cooling off for ranted: I
agree with Richard Samuel (his tel to the Governor No 2 of 22 January)
that the Chinese would find it difficult not to react strungay to the
imposition of a death sentence. So far as we are.
/concerneⱭ
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