Mr. Wilkinson Discussed with Sir D. Tunch 3/5
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CONSULTATIONS WITH THE GOVERNOR OF HONG KONG
RELEASE OF MR. GREY
In the light of hie visit on 23 April to Mr. Grey, Sir D. Hopson has
recommended certain actione designed to bring about an improvement in
the conditions of his detention and if possible to secure a further
visit. These matters are
considered in a separate submission. Sir D. Hopson has also
made proposals designed to prepare the way for Mr. Grey's
release.
Recommendation
2.
I recommend that we should discuss with the Governor
the possible lines of action outlined by Sir D. Hopson to examine which
would be likely to present least difficulties for the Hong Kong
Government now or in the future.
Background
3. A record of past efforts to negotiate Hr. Grey's release
is at Annex A. These efforte have consisted of an indication
by Hr. Brown in a letter to Ch'en Yi last August that he might be able
to arrange the release to China of N.C.N.A. journalists imprisoned in
Hong Kong in exchange for the release of Mr. Grey; and subsequently of
specific offers to exchange Mr. Grey for Hsueh P'ing, one of the two
N.C.N.A. reportera imprisoned in
Hong Kong. The Chinese have not responded to Mr. Brown's
letter or to the specific offers.
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4. It is clear that in negotiating the release of Mr. Grey
we are confronted with two overlapping problema:
(a) the number of Communist journalists imprisoned in
Hong Kong which the Chinese want to see released in
exchange for Mr. Grey; and
(b) the place where these prisoners shall be released.
We do not know how many people the Chinese hope to see
released. The most optimistic estimate (which formed the
basis of previous offers to exchange Mr. Grey for Heueh P'ing)
is that the Chinese would be prepared to trade him for a single
N.C.N.A. journalist. This has achieved no results so far and
seems unlikely to succeed. It is possible that the Chinese
would settle for the release of the two imprisoned N.C.N.A.
journalists, Hsueh P'ing and Lo Yu-ho.
at least further exploration.
This hope deserves
It may, however, be too sanguine.
The Chinese would only give us access to Mr. Grey after a
special visit had been permitted in Hong Kong to the two
N.C.N.A. reporters, 11 other journalists and 7 other "patriotic
newspaper workers" 20 persone in all. By analogy their price
for the release of Mr. Grey could be the release of all of
these.
5. The Chinese have insisted in their exchanges with Sir D.
Hopson about a reply to their "demands" that the release of
Communist prisoners in the Colony is a matter of major
importance. They have also indicated in the matter of two
Communist film stars whose deportation was attempted last
month, partly as a test case, that they would resist expulsion
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of Communiet offenders from the Colony to China, at least
without prior Chinese agreement. It seems likely therefore
that what the Chinese would really like to see is the release
of all the persons mentioned in paragraph ↳ above and that the release
should take place in the Colony. This would clearly be intolerable for
the Hong Kong Government.
6.
Without going as far as this, however, it may be possible
to offer the Chinese a reasonable package within the limits
of what is tolerable in Hong Kong. Sir D. Hopson has put
forward a series of possibilities:-
(a) that he tell the Chinese we would be prepared to
release Hsueh P'ing on the understanding that the
latter would "volunteer" to visit China and stay
there until the expiry of his sentence, after which
he would be free to return to Hong Kong.
(b) that if, as seems likely, the Chinese demur, this
offer be extended to cover the second N.C.N.A.
reporter, Lo Yu-ho, as well.
(c) that if both these offers are refused we consider
simple release of both N.C.N.A. reporters in the
Colony, as a last resort.
(a) that while any attempt by the Chinese to have all
the persons mentioned in paragraph 4 released in the Colony would be
clearly intolerable, we might consider releasing them if deportation
were guaranteed.
7.
Sir D. Hopson is aware of the problems that his proposals raise for the
Government of Hong Kong. He concedes that it is
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difficult for the Governor to discriminate in favour of
any particular category of prisoner; that a further approach
may be construed by the Chinese as a sign of weakness; and
that the Chinese might seek deliberately to extend the dis-
cussion to other Hong Kong issues
-
something which we
strongly wish to avoid. However, Sir D. Hopson balances
these points against the following considerations:-
(a) that until we have at least settled the question of
the two N.C.N.A. reporters to Chinese satisfaction,
Mr. Grey will not be released. (The earliest date
reportera
at which the N.C.N.A./would normally be released is
September, 1969);
(b) that the Chinese might just possibly find Kr. Grey
an embarrassment, which would give us a little
leverage;
and
(c) that the release of the two N.C.N.A. reporters, if
agreed, might be regarded by the Chinese as providing
the token victory they need before ending their
campaign against the Hong Kong Government.
(a) is almost certainly true; (b) and (c) are harder to prove
and could only be tested in practice.
8. Sir D. Hopson also refers to the question of a larger
act of clemency affecting other "confrontation" prisoners.
He has asked for our views and those of the Governor on
whether the prospects of such a step are now any brighter
than they were and for an indication of our long-term plans
/for
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for dealing with such prisoners. Sir D. Hopson believes
that despite progress in other fields relations cannot
get back to anything like normal until the issue of
prisoners is settled. He underlines the relevance of
this to the treatment of all British subjects in detention
in China (Other than Mr. Grey there are thought to be
some 10 of these.) This is a very large issue to introduce
at this stage and I think that it might be unwise to inject
it into discussion of Mr. Grey's possible release. If
Mr. Grey is to be released before 1969, the Governor will
have to be asked at some point to make some unpalatable
concessions and we do not wish to make his difficulties any
greater.
James Morrany
(James Murray)
2 May, 1968
Copy to Hr. Carter
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ANNEX A
EFFORTS TO NEGOTIATE MR. GREY'S RELEASE
31.8.67 In a letter to the Chinese Foreign Minister,
Ch'en Yi, the Foreign Secretary indicated that
he might be able to arrange the release to China
of N.C.N.A. journalists imprisoned in Hong Kong
in exchange for the release of Mr. Grey. No
answer has been received.
31.12.67 The Chargé d'Affaires in Peking, Mr. (now Sir) D.
Hopson, on instructions made an informal suggestion
8.2.68
to the Chinese Ministry of Foreign Affairs that
Mr. Grey be exchanged for Hsueh P'ing, an N.C.N.A.
reporter imprisoned in Hong Kong.
Mr. Cradock, Counsellor at the Mission in Peking,
repeated on an official basis the offer to
exchange Mr. Grey for Hsueh P'ing-
1.3.68
Sir D. Hopson raised the proposed exchange again
with the Ministry of Foreign Affairs.
The reply
was that his suggestion had been noted but that
there was no news yet.
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Telno 420
11 May 1968
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Addressed to Foreign Office telegram No. 420 of 11 Kay Repeated for
information to Hong Kong
My immediately preceding telegram.
129)
On the question of Grey's release I conclude from your telegrams that
there is very little you feel we can do at the present time. As your
telegram 460 recognises this blights any prospect of Grey's early
release, with all the attendant risks to his physical and mental health
which continued solitary confinement entails.
2. I saw only disadvantage in returning to the charge with proposal that
N.C.N.A. men and other newspaper workers might be released to China in
return for Grey without any of them being able to come back to Hong
Kong. After clear rejection of this offer by Lo Kuei-po on 13 April, its
reiteration now would merely irritate. We must however explore whether
there is any amendment to this offer that might make it more acceptable
to Chinese. The proposal to release prisoners to China until their
sentences in Hong Kong expire seems to me much the best line to
investigate. I do not see why it must be regarded in Hong Kong as a sign
of weakness (paragraph 3 of your telegram 460). The effect would be to
release prisoners in Hong Kong no sooner than if they had served their
full sentence and were then released in the Colony as will happen if we
do nothing. I agree that we should test Chinese attitude over releasing
Choi (Hong Kong telegram No. 454 paragraph 3). We should also examine
possibility of post dated re-entry permits (your telegram 459 paragraph
3). If there appears to be som scope for putting an amended proposal
about release to China the best course may be to try this out with Li
Chou-chih (Hong Kong telegram No. 454 paragraph 4).
3. If none of this works, are there any legal devices which might be
employed to grant greater than normal remission to N.Č.N.A. and other
journalist prisoners? This would accelerate date at which Grey might
expect release and would have the advantage of avoiding publicity.
Foreign Office please pass Hong Kong 300. Sir D. Hopson
[Repeated as requested]
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has istopa
Addressed to Foreign Office telegram No. 419 of 11 May Repeated for
information to Hong Kong
Your telegrams Nos. 459 and 460: Grey.
I agree that question of visits and conditions of confinement had better
be kept separate from that of release.
2. Unless I hear from you to the contrary we shall on 16 May ask for an
interview on Grey. At this we shall raise the question of improved
conditions for him and of informal visits by non-diplomatic friends.
3. In the meantime I hope Hong Kong (see paragraph 4 of your telegram
No. 459) will explore possibilities of putting N.C.N.A. and other
journalists under as liberal régime as possible, though no action should
be taken until we see the result of interview above.
4.
On the question of release see my immediately following telegram.
Foreign Office please pass Hong Kong 299.
Sir D. Hopson
[Repeated as requested]
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ADDRESSED COMMONWEALTH OFFICE AS MY TELEGRAM NO. 591 BATED 11TH MAY
FFI PEKING.
12
120
YOUR TELEGRAM 797 (NO.459 TO PEKING]: GREY.
WE FEAR THAT THE TRANSFER OF THE TWO NONA AND OTHER JOURNALISTS TO
AN OPEN PRISON COULD BE INTERPRETED BY THE COMMUNISTS AS A HOSTILE
MOVE, FOR THE FOLLOWING REASONS:
CAD IT WOULD DEPRIVE THEM OF CONTACT WITH THE MAJORITY OF COMMUNIST
PRISONERS, WHO ARE IN STANLEY,
(B) THEY WOULD BE LESS ACCESSIBLE TO VISITORS,
(C) THEY WOULD BE REQUIRED TO WORK, WHICH THEY HAVE REFUSED TO DO
AT STANLEY.
2. THE COMMUNIST PRESS HAS ALREADY PROTESTED AGAINST THE TRANSFER
OF CERTAIN COMMUNIST PRISONERS TO CHI MA WAN OPEN PRISON ON LANTAO
ISLAND, DESCRIBING IT AS A HARD LABOUR CAMP.
3. IT IS NOT EASY TO SUGGEST ANY ALTERNATIVE MOVES TO EASE
CONDITIONS FOR THESE PRISONERS, THEY ARE ALREADY RECEIVING
PREFERENTIAL TREATMENT, IN SO FAR AS NO CREPEAT NO) DISCIPLINARY
ACTION HAS BEEN TAKEN AGAINST THEM AS A RESULT OF THEIR REFUSAL TO
WORK AND THEY ARE STILL RECEIVING ALL THE NORMAL PRIVILEGES.
CO PLEASE PASS PEKING 219.A
MR. GASS
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PRIORITY HONG KONG TO COMMONWEALTH OFFICE
elno 586 10 May 1968
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Addressed to Peking telegram No. 218 of 10 May Repeated for information
to Foreign Office
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Your telegram No. 285: [401 to Foreign Office].
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Telno 584 10 May 1968
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Addressed to Peking telegram No. 217 of 10 May Repeated for information
to Commonwealth Office
(23
Your telegram No. 289. [407 to Foreign Office].
Jann
137.5 per
There is no regular day for monthly visits, and visitors can come at any
date once a month without notifying Prison authorities.
2. Last monthly visits to both Lo and Sit were on 16 April.
Foreign Office please pass Priority Peking as my
telegram 217.
Mr. Gass
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PRISON VISITS IN HONG KONG
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pample
NONA here?
In preparation for his visit to the Commonwealth
Secretary this afternoon, Mr. Rodgers asked for a note
on the point at issue between Sir Donald Hopson and the
Hong Kong Government in paragraph 2 of Peking telegram
No. 133.70
(70
2. I attach a note.
Copy to Mr. Wilkinson
Janne Unay.
(James Kurray) 21 February, 1968
Vint?
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Fc 13/8/149) Fo 13/8/72 FC 12/8/150) L'écouvred in Dept FD13/8/73
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PRISON VISITS IN HONG KONG
The Chinese have been using our wish to have consular
access to Mr. Grey in Peking as a means of obtaining wide rights for New
China News Agency (and other communist organisations) to make special
prison visits, not merely to members of N.C.N.A. but also to other
communist journalists
and members of other communist organisations. already visited once a
month by relatives and friends. special visits would simply be made into
propaganda demon- strations. Hong Kong telegram no. 1908 of 23 December
described the relevant prison rule as follows:
Prisoners are
The
"No persons other than relations and friends shall be allowed to visit
prisoners except by special authority;
visite may be made once a month, but extra visits can be approved.
Although there is no rule to this effect, there is a standing order that
requests for an extra
visit must originate with the prisoner."
2. On 31 December Sir D. Hopson informed the Chinese accordingly.
Presumably because their objective is to
establish a quasi-consular status for N.C.N.A., the Chinese
Flag B
Flag C
Government said that they could not agree that the prisoners
3
must themselves make requests for visits (Peking telegram No. 1).
However, Hong Kong telegram No. 212 of 19 February put the
position differently:
19
"Extra visits to individual prisoners can be approved for reasonable
cause at the prisoner's request. Again,
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3.
anybody wanting to see a prisoner for any special
reasons is of course free to ask to visit him; if
the reasons are compelling, the visit can be allowed
again subject to the prisoner's agreement.
particularly relevant example is that an employer is
usually granted one visit to an employee."
A
The burden of Sir D. Hopson's complaint in paragraph 2
of Peking telegram No. 133 is that the Hong Kong authorities
should have indicated from the outset that if the employers
of the Communist journalists were to request a meeting, they
would usually be granted one visit.
4. That some at any rate of the employers are themselves
in prison may help to explain why the Hong Kong authorities failed to
bring to notice the possibility of employer/visits
in the case of communist journalists.
The
5. If there has been any failure of co-ordination in this
case it has probably been between the Colonial Secretariat of the Hong
Kong Government and the Prison Services.
latter are no doubt in normal cases a law unto themselves,
and failed in this particular instance to appreciate the political
importance of all the issues involved. (In normal
circumstances, the distinction between a visit for which a
prisoner asks, and a visit requested by a friend and to which the
prisoner agrees, cannot be very rigid; presumably very
informal action by the prison authorities could transform the
second category into the first.)
Jane
Humay.
(James Murray}
21 February, 1968
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Addressed to Hong Kong telegram No. 285 of Repeated for information to
Foreign Office.
May,
No comments yet.
Private notes are available after approval.