concerned at this end, it might be useful, if the Quinese Goverment
returned to the Charge and pressed us for the release of the remaining
hard core, to be aule to offer to have the... halded back across the
buruer; but we should not of course like any such Suestion here without
express authorisation from HOME Korig
Youn
John Aroni's
Copy to:-
A F Mauuocks Esy HONG KONG
J M Addis
CONFIDENTIAL
(21
FIGH
HOME DEPARTMENT
Life Sentences
Mr. Edward Taylor asked the Secre- tary of State for the Home Department
what was the average, longest and shortest period of imprisonment served
by persons released from prison after serving life sentences in the most
recent annual period for which figures are avail- able; and what were
the comparable figures in each of the previous 10 years.
Mr. Carlisle: The table below shows the average, longest and shortest
period served by prisoners sentenced to life imprisonment, for whatever
crime, re- leased in England and Wales on licence during the last 11
years.
Year
Average Longest period period
Shortest
perlod
of
served.
served--
served
release
years
years
years
1971
10-5
24
1970
+++
8-6
12
1969
8.8
12
1968
8.9
1967
7-9
1966
8.8
·
1965
+
1964
++
1963
1962
1961
8.6 7.7
14
* Released after 6 months.
队
copy
A16/2
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SM
M. More i5-
Miband EU
in Gafi ve
Work copying KM: Madocks?
تجھے
IS
>
Vol 830 N: 57
Cd 465 (written answers) Friday 11 Feb. 1972.
Miss Kaffy Mr Savet
2.
22
CONFIDENTIAL
Mr Wilford
22
CONFRONTATION PRISONERS
Flag A
1.
Flag B
Mr Addis' letter of 8 February crossed with
your letter to Mr Maddocks of 15 February.
18
2. I submit a draft letter.
agree.
R'
R
·
N
Hong Kong Department
FCH
SALMagen
J AL Morgan
Far Eastern Department
7/2
Mv/
17 February 1972
Cc: Mr Laird (HKD)
CONFIDENTIAL
20
I
I
Reference.
CONFIDENTIAL
Mu Davies.
Om balance !
prefer
the lime suggested
in para a
have propoare
of Xpe Addis' letto to that whin
Mr
in M" Wiford's letter to Mr Maderers.
The
2
formar
Course
at an earhis stage ÿ
would start the triking off
to any greater extent theme the stars.
but I doubt whether either
Саша
would
be likely
to inthence the Chinese
13. As
з
para 3 of MV Adair' better,
I
be calling
regards
thinks Hong Kong magist
to go along
with the ropes of deportation, provided that the Chinese would accept
it - which they have
Let
bitter to refused
to do.
But I asal
Wave is no
intention of raising this with the
Charise at the moment.
AR
70
16. a.
ANG
The Gangaralt) The Hervey, Flr Morgan,
16.1.11
по вашната
I agree withe i baminara. Draft letter and subrussion,
140400-50001 7/71 GH 3643/2
Finddoaks Saq
HOA KONG,
CONFIDE.TIAL
CO.PR, TATION PRISONERS
Enter 19
Desped. (18)
15/2
15 February 1972.
SM.13~
10
1. Thank you for your letter 8CR 7/3371/68 II of 17 January. 2. You
saked for our views on the question of notifying the Chinese of future
releases of confrontation prisoners. We shall clearly need to keep an
eye on this in the light of the general development of Bino-British
relationa.
3. My present preference would be towards a variant of your paragraph
3(b) - to continue notifications to the Chinese for as long as possible.
However ɔnoe only the hard-core of prison ans was left, the
notifications would stop, but we would not tell the Chinese that no more
raleanos could be expected. The Chinese would no doubt draw their own
conelisions. To inform them in the "final" notification that no more
releases would be zade sould encourage them to respond vigorously.
4.
I should however be
rateful for John Addia's views.
0.0. JM Addis dag CHO,
PEKING.
K N Wilford
CONFIDENTIAL
Mr Wilford
CONFIDENTIAL
Flag A
CONFRONTATION PRISONERS
For 14/1
1. You asked for comments on Mr Maddocks' letter
of 17 January.
2. I attach a draft reply agreed with Hong Kong
Department.
14 February 1972
Cc: Hong Kong Department
ALMuga
J AL Morgan
Far Eastern Department
157
MW%2
CONFIDENTIAL
17
R CIVED IN
REGISTRY No. 52
- . FEB:972
CONFIDENTIAL
FEH 14/1
16
Brief No 5
SECRETARY OF STATE'S VISIT TO HONG KONG
FEBRUARY 1972
CONFRONTATION PRISONERS
DEFENSIVE
POINTS TO MAKE IN RESPONSE TO PUBLIC QUESTIONS
Releases of prisoners sentenced in Hong Kong are a matter
for the Hong Kong Government alone. The Prison Board of Review
regularly reviews the sentences of all long-term prisoners and
makes recommendations to the Governor.
1
CONFIDENTIAL
E
CONFIDENTIAL
CONFRONTATION PRISONERS
Brief No 5
BACKGROUND
1. As a result of the rioting in 1967 1,832 men 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 are reviewed
regularly by the Prison Board of Review which makes recommendations
to the Governor, The prisoners' state of health and conduct are
all taken into account together with any other relevant factors.
During 1971 a total of 45 confrontation prisoners were released
with reduced sentences 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.
press was informed on 18 January of the first 3 releases.
Chinese Government has also been informed. A further announcement
will be made at a later date about the remaining 3.
The
The
2. By the end of July, 17 confrontation prisoners will remain.
The Governor's aim is to work for a solution of this problem in
the course of 1972 based on:
a.
a series of releases (no grand gesture);
b. an offer to the Chinese to deport the hand core
whose sentences cannot be reduced.
3.
The Chinese have not made a major issue of this question for
some time but lose few opportunities to mention it. For instance,
Mr Tan Dalyell MP gave the Chinese an undertaking to "look into" the
question after his visit to China in November. Four British subjects
2
CONFIDENTIAL
/are
CONFIDENTIAL
are still detained in China. Although the Chinese have been careful not
to link them with Hong Kong there is little doubt that we
should find it easier to make progress on their cases if the
confrontation prisoner issue were resolved.
4. Of the remaining 17 prisoners, 12 are due for release in the
normal way in 1973 and 1974 but 5 have even longer sentences,
including 2 life sentences.
5. The Governor is fully aware of our interest in an early solution of
the problem. It is recommended that the Secretary of State should not
take the initiative in raising this matter; but if the Governor mentions
it the Secretary of State may wish to ask what prospects the Governor
sees for further advanced releases
this year.
6. There may be some public interest in the question. After the
announcement of the 3 latest releases there were press reports
that it was an open secret that London was bringing pressure to
bear on the Hong Kong Government to speed up releases. The line
we have taken is that this is a matter for the Hong Kong Government
alone and that all long-term prisoners, not merely confrontation
prisoners, have their sentences regularly reviewed by the Board
of Review.
3
CONFIDENTIAL
CYPHER/CAT A
SECRET
R
N
13
.0
HONG KONG 012533Z
SECRET
ল FExt 10/1
TO ROUTINE FCO TELNO 97 OF 1ST FEBRUARY 1972.
FOLLOWING FOR MONSON.
YOUR TELEGRAM NUMBER 95.
FO CHEUNG.
MANY THANKS FOR THIS HELPFUL TELEGRAM AND FOR THE INFORMATION IN YOUR
TELEGRAM NUMBER 96. WE ALL SEEM AGREED.
2. YOUR PARAGRAPH 2 (A): WE HAD CONSIDERED THIS, AND THERE IS ANOTHER
CASE IN THE PIPELINE IN WHICH NO MITIGATING CIRCUMSTANCES ARE APPARENT.
BUT IF IT WERE ALLOWED TO COME FIRST (AS IT MIGHT BE) IT WOULD PRECEDE
THE CASE OF HO BY SO SHORT A TIME THAT ONE COULD STILL NOT DISCOUNT THE
POSSIBILITY OF THE DEDUCTION SEING DRAWN THAT THE PROSPECT OF HC'S CASE
HAD CAUSED A REVISION OF POLICY. IN ANY CASE HO'S EXECUTION WOULD STILL
BE A BLOW TO PEKING AND ALSO AN ABNORMAL AND NEWSWORTHY EVENT THAT WOULD
DRAW PUBLICITY AND COMMENT.
3.
(A)
(B)
(1)
(11)
(111)
ONE THE OTHER HAND:
IF HO'S CASE WERE TAKES FIRST THE POLITICAL ARGUMENT FOR COMMUTING WOULD
BE MUCH CLEARER TO EXECUTIVE COUNCIL AND IF IT WERE TAKEN SECOND I WOULD
RUN THE RISK OF BEING BOXED IN BY A SITUATION IN WHICH:
A NEW PRECEDENT FOR EXECUTION MIGHT JUST HAVE BEEN CREATED- AND THUS
COMMUTATION WOULD APPEAR MORE OBVIOUSLY TO BE FOR POLITICAL REASONS, AND
COMMUTATION MIGHT MAKE THE PREVICUS EXECUTION APPEAR INEQUITABLE.
4. I THEREFORE ARRANGED FOR HO'S CASE TO BE CONSIDERED FIRST,
MACLEHOSE
FILES
F.E.D.
H.K.D.
SIR L MONSON
SIR S TOMLINSON
12 WILFORD
P.5. TO MR ROYLE
L
SECRET
CONFIDENTIAL
L
enter the 20
2.
SM
1.7
14! Januery -1972°/
Fot
Hr Chang Wen-chin
Director
vest Europe:n and American Department
Ministry of Foreign ffairs
leople's Republic of China
You will wish to be aware that as part of the continuing process of
review of prison sen ences in Hong Kong a number of reductions in the
sentences of pris^ners sentenced in 1967 have been nada. The result of
these decisions will be that one prisoner will be released on 19 Januɛry
whoso earliest release date would have been 20 May 1974; a further
prisoner will be released on ↑ March whose earliest release date would
have been 25 Jamury 1973, and another prisone: will be relaɛsed on 14
April whose earliest release date would also have been 25 January 1973.
The process of review of sentences by the irison Board of keview will
continue, as will normal r lesson.
I take this opportunity to convey my best wisheɛ.
+
Blind copy to:
JAL Morgan Esg PCO
A Maddocks Esq HONG KONG
CONFIDENTIAL
1. O Lamsel
PRIORITY CYPHER/CAT A
FM FCO 281635Z
SECRET
SECRET
(FE) ||
+
TO PRIORITY HONG KONG TELEGRAM NUMBER 96 OF 28 JANUARY. FOLLOWING FOR
GOVERNOR ONLY FROM MONSON.
MIPT: HO CHEUNG.
IT MAY HELP YOU TO KNOW THAT IN CONSULTING MINISTERS I TOOK OPPORTUNITY
OF REMINDING THEM OF FOLLOWING DECISIONS IN RECENT
MONTHS:
(A)
CONFIRMATION OF 1947 POLICY ON EXERCISE OF THE PREROGATIVE OF MERCY
(PARA 2 OF DESPATCH REF. HXC 14/581/3 OF 13 MAY 1971) AND (B)
CONFIRMATION OF POLICY THAT THE RETENTION, ABOLITION AND SUSPENSION OF
THE DEATH PENALTY FOR MURDER SHOULD BE LEFT FOR SETTLEMENT BY LOCAL
OPINION, EXPRESSED AS IN THE UK, BY A FREE VOTE OF THE LEGISLATURE
(PAGES 3 AND 4 OF YOUR LETTER OF 8 JANUARY ARE RELEVANT).
DOUGLAS-HOME
FILE S
FED
HONG KONG D
SIR S TOMLINSON
ER WILFORD
SMR L LONSON
SECRET
PRIORITY CYPHER/CAT A
FCO 281630Z
SECRET
SECRET
(FED)
TO PRIORITY HONG KONG TELEGRAM NUMBER 95 OF 28 JANUARY. FOLLOWING FOR
THE GOVERNOR ONLY FROM MONSON.
YOUR LETTER OF 8 JANUARY: HO CHEUNG.
1.
112
I AM INDEED SORRY THAT SUCH A TROUBLESOME CASE SHOULD BE THE FIRST OF
ITS KIND TO FACE YOU. LOOKED AT WHOLLY DISPASSIONATELY HO'S CASE SEEMS
TO BE ONE WITH NO REDEEMING FEATURES IN WHICH JUSTICE SHOULD BE
PERMITTED TO TAKE ITS COURSE. MOREOVER THE POSSIBLE DISADVANTAGES OF A
CHINESE REACTION TO AN EXECUTION ARE BY NO MEANS AVOIDED BY COMMUTING TO
A LONG PERIOD OF IMPRISONMENT. NEVERTHELESS OF COURSE ACCEPT YOUR
ANALYSIS OF LIKELY PRESS AND PUBLIC REACTION IN THE COLONY AND HERE AND
AGREE WITH YOUR ASSESSMENT OF THE ALMOST INEVITABLE REACTION TO THIS OF
THE CHINESE GOVERNMENT. AS YOU SAY IT IS HONG KONG WHICH WILL HAVE TO
BEAR THE BRUNT OF ANY SUCH REACTION AND THEREFORE I THINK THAT THIS
CONSIDERATION OF THE PUBLIC WEAL MUST BE GIVEN FULL WEIGHT, I THEREFORE
ACCEPT, AS I SEE THE CHARGE IN PEKING DOES TOO, YOUR CONCLUSION THAT THE
LESSER EVIL LIES IN COMMUTING THE SENTENCE.
2. IN SAYING THIS I WOULD MENTION TWO POINTS WHICH YOU WILL WISH TO BEAR
IN MIND BETWEEN NOW AND THE TIME YOU HAVE TO TAKE YOUR
DECISION
(A)
LIKELY CHINESE REACTION IN THE CASE OF SUCH AN OBVIOUSLY BAD HAT MIGHT
BE DIFFERENT IF IT WERE NOT THE FIRST CASE OF AN EXECUTION IN THE
PIPELINE. IS IT LIKELY THAT CONSIDERATION OF APPEALS ETC (INCLUDING
POSSIBILITY OF ONE TO JUDICIAL COMMITTEE) MIGHT RESULT IN ANOTHER CASE
OVERTAKING THAT OF HO?
(B) IMMEDIATE PRESS AND OTHER REACTION AFTER THE HEARING OF HO'S APPEAL
MAY GIVE YOU A STRONGER LEAD ON LIKELY CHINESE REACTION. 3. WHAT IS THE
LIKELIHOOD OF A PETITION FOR MERCY TO THE QUEEN IF YOU DO NOT COMMUTE?
BECAUSE OF THE POSSIBILITY OF THIS I DECIDED TO CONSULT MINISTERS BEFORE
REPLYING. WHAT I SAY ABOVE HAS THEIR
APPROVAL.
4. SEE M.I.F.T.
DOUGLAS-HOME
FILES
FED
HONG KONG D.
SIR S TOMLINSON
MR WILFORD SIR L MONSON
SECRET
HBX
FE
D
Paste,
Sus (2
THE TIMES
Cutting dated?
20 JAN 19729
Hongkong frees prisoner in gesture to Peking
From Leo Goodstadt
Hongkong, Jan 19
In a carefully timed attempt 10 improve Sino-British relations, the
Hongkong Government today re- leased a prisoner serving a 10-year
sentence imposed during the com- munist campaign on riots and vio- lence
against the cusonia! adminis- tration in 1967.
The man was sent to prison while still a teenager for offences connected
with the possession of explosives. He was not due to be freed until
1977.
Another two men also convicted during the 1967 disturbances had their
sentences reduced by three years and will be released in July. The
releases are apparently in- tended to generate an atmosphere of good
wilt for Mr John Addus, who will arrive in Peking on Mon- day as
Britain's new Chargé d'Affaires, He is at present the guest of the
Governor in Hong- kong.
In the past the Chinese Gov- ernment has strongly pressed its
demands for the total release of all individuals jailed in 1967. Te-
day's moves mean that only 20 prisoners out of some 2,000 sen- lensed in
1967 will remain in custody after the middle of this year;
new
Although the decision to shor ten the sentences of the three men rested
entirely on Sir Murray Maclchose, the colony's Governor, it is no secret
that in the past three years the Foreign Office has repeatedly sought to
persuade Hongkong to case" relat- jons with China,
However, the acts of leniency seem unlikely to end the stalemale between
London and Peking over an exchange of ambassadors, for Hongkong is no
longer a crucial issue between the two governments.
The stumbling block is the British view that the status of Taiwan
remains undetermined in international law-which Peking finds totally
unacceptable. It is reluctant to allow any compromise on the question
through some tacɗully worded diplomatic formula,
KEEP
(10
شیکر
41A 2600077
15,000-4/71-396483
BY BAG
SCR 7/3371/68 II
CONFIDENTIAL
ظارت
Etu
COLONIAL SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
FE
K M Wilford Esq CMG
AUSS
FCO
R
70
Dear Michael
"CONFRONTATION PRISONERS"
+
이
17 January, 1972
101 M2 Mag (FED)
O
A
Advice fr.
MJ 26/
In our telegram No. 25 of 13 January we promised to send you a letter
about the procedure for notifying the Chinese government of releases of
"confrontation prisoners" recommended by the Board of Review.
2.
In 1969 and 1970 the issue of "confrontation prisoners" seemed to come
up every time you in London had contact with the Chinese Charge
d'Affaires' office or when John Denson had contact with the Ministry of
Foreign Affairs in Peking. It was natural then for us to give the
Chinese early information of impending releases recommended by the Board
of Review and approved by the Governor. In those years the information
was passed orally. This custom was modified following the
recommendations made by the Board of Review at its meeting on March 18,
1971 (Hong Kong telegram No. 198 to you of March 19, your reply No. 233
of March 22, our telegram No. 200 to you of March 23, Peking's telegram
to you No. 169 of March 25 and our telegram to you No. 207 of March 26).
Since then it has been the practice for the Charge d'Affaires to send a
letter to the Ministry of Foreign Affairs. One purpose of the change
made a year ago was to reduce the level of the communication in Peking.
I now think the time has come to consider whether this procedure will
continue, on balance, to be of value, in the final stages of this
exercise.
3.
A point is likely to be reached either in the second half of this year
or in the first half of next year when these communications will cease
because the prisoners left are a hard core for whom no reduction of
sentence will be possible. The question to be considered seems to be
whether it would be preferable:-
(a)
to stop giving notifications now in the hope the Chinese will drop this
issue which now contains little heat - they will of course be accurately
informed about releases from their
/contd...
Su (23
15892
CONFIDENTIAL
CONFIDENTIAL
1
2
4.
(b)
own sources.
In this case the initiative
would be left to the Chinese; or
to go on with the notifications, leading up to a final one to the effect
that no more would be released.
These questions are for you rather than us, but I think the time has
come to consider what procedure offers the best prospect of ending this
long drawn out business with the least possible heat.
www ever
Your
ever,
Bar
(A F Maddocks)
CC
RC Samuel Esq Peking
CONFIDENTIAL
1
SECRET
CO
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