FCO 21/1025 Release of prisoners convicted for offences during confrontation with Communists in 1967 1968 in Hong Kong

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YEAR

1972

Zuf Ze

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H.M. DIPLOMATIC SERVICE

النيل ايه

SECRET

DEPT.

or POST

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FILE NOFEH 14/1.

TITLE: RELEASE OF PRISONERS

(Part

Contents checked for transfer to

(Sad)

Date

)

D.RO.

як

5/9/14

CONVICTED FOR OFFENCES

DURING CONFRONTATION IN 1967/68 iN HONG KONG.

REFER TO

NAME

REFER TO

NAME

(and depi, when necessary)

TO SEE:

DATE

(and dept when necessary)

TO SEE:

NAME

DATE

(and dept, when necessary) SEE:

DO NOT RETAIN FILES AND PAPERS UNNECESSARILY

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PCO 21/1025

(N.B. The grading of this jachet most be the same on that of the highest gradad document, contated in 11. The appropriate upgrading sky must be affixed whenever necessary.)

SECRET

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2003

Registry Address

Room No.

271

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YEAR STAMP

1972

CONFIDENTIAL

ба

1/7

Somie remartes

interesting

by Cha

HKIOD.)

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gries?!! (18 check

Enici.

Consular Dept. R.E.

私

With the compliments of

J M Addis

THE BRITISH EMBASSY

R M Evans Esq

Far Eastern Department

FCO

below)

4/1.

Reference my telegram No 1377 of 11 December to FCO.

PEKING

has

I hope on a copy gone to Hong Kong.

12 December 1972

Рід

RECORD OF A MEETING BETWEEN H M AMBASSADOR AND ASSISTANT FOREIGN MINISTER CHANG WEN-CHIN AT 2.30 pm ON SATURDAY 9 DECEMBER, 1972 AT THE MINISTRY OF FOREIGN AFFAIRS

Present:

HM Ambassador

Mr 1. J Richardson

HE Mr Chang wen-chin Mr Chang Yi-chun Mrs Kao Yu

EM Ambassador told the Assistant Minister for Foreign Affairs that he had come to inform him of what had been decided in regard to the persons imprisoned in Hong Kong for offences during the 1967 troubles. The question had been considered in the light of the discussions during the Secretary of State's visit. At that time there had been eight remaining prisoners. One had since been released before the end of his sentence and according to the usual procedure the Embassy had notified Consular Department.

The Assistant Minister for Foreign Affaira said that he had heard about that release, and that it was welcome news. hir Addis then said that it had now been decided, in the interests of clemency and of Sino/British relations, to release, in the period between now and early February, three prisoners whose release was not due until the second half of 1974. They would not be released together but on different dates before the beginning of February.

This

2. Mr Chang thanked the Ambassador for this communication. He said he thought that it represented a forward step in the promotion of relations between the two countries. Er Addis said that he was glad that Mr Chang had taken it in that way. was exactly the spirit in which the decision had been made. Mr Chang said that after the release of these three, four would stIII remain in prison. Could the Ambassador tell him what the authorities' next step with the remaining four was likely to be? During his discussions with the Fermanent Under Secretary, he had said that the three British detainees in China and the eight Chinese in Hong Kong (who were now seven) were all problems which had to be seen against the background of the events of 1967. He hoped now that all these questions could be solved. Of course the timing of various releases might have to be arranged differently: some earlier, some later. But the ending of these problems would facilitate relations between the two countries. This was a question which had been discussed between the Premier and the Secretary of State, between the Foreign Minister and the Secretary of State, as well as between himself and the Fermanent Under Secretary. Mr Addis replied that the British side also wished to have these problems settled once and for all. But there were other considerations which had to be taken into account. The four of whom Mr Chang spoke had all been convicted of particularly violent crimes: they had perpetrated terrorist acts of a kind of which the Chinese Government had expressed their disapproval. He had particulars of the charges which had been laid against them and which all

/involved

involved the throwing or placing of bombs and the killing and wounding of innocent bystanders. One had thrown a bomb at a police party and injured eleven people. The second was involved in a bomb-throwing incident in the street in which three people had been killed and thirty-eight injured. The third and fourth had both been concerned with a bomb explosion. Despite the British side's desire, shared with Mr Chang, to remove the obstacles to good relations, for the time being Mr Chang, to remove the obstacles to goo clemency could not arise in these cases. He could assure Mr Chang that the question had been thought through very carefully. At the present time it had been decided that the most that the British side could do was to release the three of whom he had spoken, and as he had said, one prisoner had already been released since the Secretary of State's visit.

3. Hr Chang thanked the Ambassador for his explanation. He understood the British Government's and Hong Kong authorities' decision about the release of the three, and that they could not make any further decision about the remaining four at the present time. But it was his under- standing that this did not exclude the possibility of clemency in their case in the future. The Premier had reminded Sir Alec in discussion that there were cases in China of people under sentence who were given remission for good conduct. He realised that the Ambassador could tell him no more now but was he correct in thinking that the possibility of clemency was not excluded for the future? Mr Addis replied that he was not authorised to give any assurance on the future of the four remaining prisoners. The most he could say was that the review procedure which had long been in operation would continue and that the matter would be kept under constant attention. He added that insofar as the review procedure was concerned, the remaining four cases were of course the most difficult. He could however give an assurance that all that Mr Chang had said would be carefully considered. Kr Chang said that he understood this explanation. He did not want to enter into detailed discussions about the concrete details concerning each individual. His general feeling was that all this must be seen against the back- ground of the mass movement in China in 1967 in which, as the Fremier had told the Secretary of State, bad elements had operated as ultra- leftists and had been responsible for agitation and incitement. This influence had extended to Hong Kong and it was possible that the acta of these individuals were not done with the deliberate intention of doing bad things. The individuals might have been incited to act. Moreover the acts did not meet with the approval of the Chinese Government. So, generally speaking, the Chinese side hoped that the se matters could be dealt with not as acts of individuals but as part of the general problems that occurred against the background of 1967. He hoped that the matters would be solved: he hoped that all those people would be released early, putting an end to the problem. As had already been made clear, the Chinese for their part were willing

to release the three Britone. But he realised that the Ambassador could not go any further at the present time. He was grateful for the information Mr Addis had given him, and hoped that he would continue to use his influence to solve this matter. Mr Addis said that he would report what Mr Chang had told him, and it would be given careful consideration. Er Chang thanked the Ambassador. Their aime were the same: to improve relations between the two countries. Each had their own positions: what they looked for was co-operation.

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TO POUTINE PEKING TELD 173 OF 21ST DECEMBER, 1972. INFO ROUTINE F.C.O.

YOUR TELNO 1377 TO FCO. CONFRONTATION PRISONERS, K

GRY MG 40

DEC NIZ

TA: FAT (ALIAS WONG YAU) WILL BE RELEASED ON 23 DECEMBER.

MACLEHOSE

[REPEATED AS REQUEDARD)

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FEH Bil

TO PRIORITY FCO TELMO 1236 OF 19 DECEMBER INFO PRIORITY MOSCOW

ROUTINE PEKING.

YOUR TELNO 1111, PARA 3: SOVIET ESPIONAGE: WHAT TO DO WITH HO.

1. PROSECUTION, FURTHER EXAMINATION OF AVAILABLE MATERIAL, SINCE

DESPATCH OF MY TELNO 1890, ESTABLISHES THAT NO EVIDENCE OF ANY

CRIMINAL OFFENCE IS AVAILABLE ON WHICH PROSECUTION COULD DE

FOUNDED.

2. DEPORTATION TO CHINA, APPARANTLY IS A NON-STARTER (PEKING TELNO 1397 AND MY TELNO 1899 PARA 4(B)).

3. THIS FORCES ME BACK TO THE LINE PROPOSED IN MY TEL:0 1177,

1.F. REFUSAL OF PERMISSION TV LAND IF HONG KONG WHERE HIS PRESENCE

WOULD LEAD TO SOME EMBARRASSMENT. WE COULD TRY THIS AND SEE

KIAT HAPPENED.

4. ACCORDING TO OUR INFORMATION THE KAVALEROVO ARRIVED IN NAKHO DK A

ON 1 DECEMBER. SO IF WE ARE TO SEE HO AGAIN IT SHOULD BE SOON.

FCO PASS COPY TO HONG KONG GOVERNMENT OFFICE LONDON,

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185

972

TO IMMEDIATE FCO TELEGRAMO 1277 CF 11 DECEMBER INFC IMMEDIATE

HONG KONG.

YOUR TELEGRAM NO 1113: CONFRONTATION PRISONERS.

1. I SPOKE AS INSTRUCTED TO ASSISTANT FOREIGN MINISTER CHANG

WEN-CHIN ON SATURDAY AFTERNOON 9 DECEMBER,

2. CHANG WELCOMED MY COMMUNICATION. HE BELIEVED THAT IN TAKING

THIS DECISION WE WERE SERVING THE CAUSE OF BETTER RELATIONS BETWEEN OUR TWO COUNTRIES. HE WENT ON TO ASK ABOUT THE REMAINING FOUR PRISONERS. HE SAID THAT THE PROBLEMS BOTH OF THE PRISONERS IN HONG KONG AND THE BRITONS DETAINED IN CHINA WERE HANGOVERS

FROM 1958 AND NEEDED SOLVING ONCE AND FOR ALL.

I SAID THAT IN SPITE OF OUR DESIRE, WHICH WE SHARED WITH THE CHINESE, TO SET THESE QUESTIONS OUT OF THE WAY, WE HAD TO TAKE OTHER CONSIDERATIONS INTO ACCOUNT.

THE REARTHING FOUR HAD COVNMITTED THE SORT OF ACTO OF TERRORISH

OF WHICH THE CHINESE GOVERNMENT EXPRESSED DISAPPROVAL.

I GAVE PRIEF PARTICULARS OF THE INCIDENTS IN WHICH THE FOUR HAD BEEN INVOLVED, ( BASING MYSELF ON THE POLITICAL ADVISER'S MEMORANCUM OF 15 MAY) AND SAID THAT IN THEIR CASE FOR THE

TIME PEING THE QUESTION OF CLEMENCY DID POT ARISE,

CHANG SAID THAT HE REALISED THAT I COULD GIVE HIM NO MORE HIF- ORMATION AT THE PRESENT TIME, PUT ASKED IF IT WOULD BE CORRECT TO UNDERSTAND THAT CLEMENCY COULD ARISE IN THEIR CASES IN THE

FUTURE.

I REPLIED THAT WAS NOT AUTHORISED TO GIVE ANY ASSURANCE ON THE FUTURE: ALL I COULD SAY WAS THAT THE REVIEW PROCEDURE WOULD

CONTIQUE, AS IT HAD IN THE PAST.

I ARDED THAT THESE CASES WERE CLEARLY THE MOST DIFFICULT PROBLEMS AS FAR AS THE REVIEW PROCESS WAS CONCEAKED.

34 CHANG ARGUED THAT WE SHOULD CONSIDER SOTH THE CONFRONTATION PRISONPS AND THE THREE DETAINED BRITONS AS PART OF A SET OF

PROFLENS PTHALMING FROM THE EVENTS OF 1967.

CONFIDENTIAL

/19 WAS

CONFIDENTIAL

IT WAS TIME TO WIPE THE SLATE CLEAN,

THE PARTICULARS OF THE

REMAINING CASES WERE NOT IMPORTANT: WE SHOULD LOOK AT THE WIDER

HE SAID THAT CUR AIMS WERE THE SAME, IE TO PEMOVE ALL CPSTACLES TO THE IMPROVEMENT OF RELATIONS BETWEEN US,

QUESTION.

HE EXPRESSED THE HOPE THAT THESE PROBLEMS WOULD BE SOLVED AND THAT THE REMAINING PRISONERS WOULD BE RELEASED EARLY, AND SAID THAT THE

CHINESE HAD DECLARED THEIR READINESS TO RELEASE

THE THREE BRITONS,

| THOUGHT IT BEST NOT TO REACT TO HIS REFERENCES TO THE THREE

BPITIONS AT ANY STAGE IN OUR DISCUSSION.

OUP DECISION ON THE CONFRONTATION PRISONERS HAS THUS BEEN

CONVEYED TO THE CHINESE AS A UNILATERAL GESTURE IN RESPONSE

TC THE REQUEST MADE TO YOU AND IN THE INTERESTS OF SINC/BRITISH RELATIONS, AND THERE HAS BEEN NO SUCGESTION ON OUR SIDE OF A

BARGAIN OR SWAP.

ADDIS

[REPEATED AS REQUESTED]

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384

TO ROUTINE PEKING TELNO 1113 OF 8 DECEMBER 1972 INFO HONG KONG.

MY TEL NO 1893 TO HONG KONG AND HONG KONG TELNO 1199.

PLEASE NOW TAKE ACTION AS INSTRUCTED IN MY TEL UNDER REFERENCE,

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MR WILFORD

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TO PRIORITY F C O TELNO 1199 OF 8TH DECEMBER, 1972 INFO PRIORITY

PEKING.

[ CONFRONTATION PRISONERS )

YOUR TELNO 1893. NO OBJECTION.

MACLEHOSE

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1972

TO PRIORITY GOVERNOR HONG KONG TELNO 1893 OF 7 DECEMBER/INFO PEKING.

YOUR TELEGRAM NO 1192: CONFRONTATION PRISONERS.

1. IN VIEW OF THE NEED TO CARRY THE REVIEW BOARD WITH YOU WE

ARE CONTENT THAT YOU SHOULD SPREAD THE RELEASES AS YOU PROPOSE.

2. IN THAT CASE, UNLESS YOU SEE OBJECTION, WE SHOULD LIKE PEKING TO USE THE FOLLOWING WORDING IN THEIR COMMUNICATION TO THE CHINESE: 'THE HONG KONG GOVERNMENT HAVE DECIDED, IN THE INTERESTS OF CLEMENCY AND OF SINO-BRITISH RELATIONS, TO RELEASE IN THE PERIOD BETWEEN NOW AND THE CHINESE NEW YEAR THREE CONFRONTATION PRISONERS (NAMES) WHOSE RELEASE WAS NOT DUE UNTIL THE SECOND HALF OF 1974'.

3. WE DO NOT THINK THAT ANY FURTHER MILEAGE CAN BE GAINED FROM MENTIONING LAW LUN AGAIN.

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CONFRONTATION FRISONERS

I submit a draft telegram in reply to Hong Kong telegrams

Wos 1192 and 1193.

7 December 1972

Gellark

GE Clark

Far Eastern Department

Tel. Despatched

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TO PRIORITY F C O TELNO 1193 OF 6TH DĚCES

M.1.P.T.

PERSONAL FOR WILFORD FROM MACLEHOSE.

Pat

THE ATTORNEY GENERAL IS PLANNING TO TAKE THE TEMPERATURE WITH THE PRISONS REVIEW BOARD ABOUT ONE OR TWO OF THE REMAINING 4 PRISONERS EARLY NEXT YEAR, I HAVE LITTLE FAITH IN AN OFFER OF DEPORTATION, EXCEPT AS A TACTICAL MOVE, AND BELIEVE THAT WE SHALL PAVE TO TRY TO DISPOSE OF AS MUCH OF THIS PROBLEM AS POSSIBLE, BY FEANS USED HITHERTO, BUT I HAVE WANTED TO GET RID OF THE EASIER CASES BEFORE TACKLING THE REALLY DIFFICULT ONES.

2. INCIDENTALLY THE CONCURRENCE OF THE PRISONS REVIEW BOARD WOULD IN PRACTICE DE NECESSARY EVER FOR DEPORTATION.

3. THE FOREGOING, WHICH WILL NOT BE CIRCULATED MERE, EXPLAINS WHY I DO NOT THINK IT WORTH RISKING THE CO-OPERATION OF THE REVIEW BOARD AT THIS JUNCTURE.

MACLEHOSE

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RESEARCH DEPT (F E SECTION)

SIR D WATSON

SIR E NORRIS

MR WILFORD

PRIVATE SECRETARY

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RECOVIC IN

TO PRIGRITY F C O TELO 1192 OF 6TH DECEMBER, 1972, INYO PRIGRITY

PEKING.

YOUR TELKO 1963: CONFRONTATION PRISONERS.

THE OBJECTION TO SIMULTANEOUS, OR MEAR SIMULTANEOUS, RELEASE ON THE EVE OF CHINESE NEW YEAR COULD BE THAT IT WOULD ATTRACT PRESS ATTENTION, AND APPEAR GIFTACKY TO THE PRISONS REVIE, BOARD. THIS WOULD NOT MATTER MUCH IN ITSELF, BUT IF THE RELEASE

WERE PRECEDED OR SUCCEEDED BY THE RELEASE OF THE

THREE BRITISH RENEGADES IN PEKING IT WOULD BE CLEAR TO ALL THAT

A SWAP HAD PEEN CONTRIVED AND THE BOARD WOULD FEEL ILL-USED,

2. THIS 14 TURN WOULD MAKE THE MARBLING OF THE CASES OF THE REMAINING 4 THAT MUCH MORE DIFFICULT, QUITE APART FROM THE PUBLIC CRITICISM OF THIS GOVERNMENT THAT WOULD RESULT.

3. IF THE PROCEDURE ! HAVE SUGGESTED WERE FOLLOWED THERE IS MUCH LESS LIKELIHOOD OF PUBLIC INTEREST, BUT IF THERE HERE ANY, A SWAP COULD BE DENIED MORE PLAUSIBLY.

4. 1 AM SUPPRISED THAT YOU BELIEVE THERE WOULD BE SUCK SIGNIFICANT DIFFERENCE FOR THE CHINESE BETWEEN A SIMULTANEOUS RELEASE AND RELEASES SPREAD OVER SIX WEEKS, PROVIDED THEY ARE TOLD ASOUT THEM ALTOGETHER IN ADVANCE.

[REPEATED AS REQUESTED]

MACLEHOSE

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Mr_wford

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A, B

A 4

CONFRONTATION PRISONERS

1. We spoke about challenging the Governor's assumptions

about the releases due next Spring.

2. I submit a draft telegram. In addition to the reference

telegrams you will wish to glance at our instruction telegram

(No 1097 to Peking), the planned dates of the releases

(enclosure to the Governor's letter of 6 July) and Mr Morgan's

letter of 28 November to the Ministry of Foreign Affairs.

Gellark

5 December 1972

GE Clark

Far Eastern Department

I have respetcled the

do not think Mi Morgan's

letter was very cleverly

warded

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INFO PEXINS.

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TELEGRAM NU-DER 1963 OF 5 DECEMBER, 1972

YOUR TELEGRAMS MOS 1537 AND 1182 : CONFRONTATION PRISONERS.

1. WE HAD CERTA!!LY ASSUMED THAT THE OFFER TO BUNCH THE RELEASE BEFORE CHINESE NEW YEAR OF THE THREE PRISOLERS DUE MEXT SPRING BEANT THAT THEY WOULD BE RELEASED /ORE OR LESS TOGETHER JUST BEFORE THE FESTIVAL. THEY COULD BE SPREAD OVER TWO OF THREE DAYS IF YOU PREFERRED, BUT IT SEEMS DOUBTFUL HETHER A SERIES OF RELEASES STAGGERED OVER A LOIGER PERIOD WOULD HAVE THE SAME IMPACT ON THE CHINESE, WHICH IS THE AF OF THE EXERCISE, MOR WOULD THE CONNEXION WITH CHIRESE NEW YEAR BE SO OBVIOUS IF THE RELEASES WERE TOO MUCH IN ADVANCE OF THE DATE.

UNLESS YOU SEE STRONG OBJECTION TO RELEASE IN A BATCH WE SHOULD PREFER THAT.

2. WE ALSO FAVOUR CONCENTRATION ON THE THREE PRISONERS TO THE EXCLUSION OF LAW LUN, WHOSE RELEASE HAS ALREADY BEEN NOTIFIED TO THE CHIMESE. APART FROM ANYTHING ELSE IT WOULD HAVE THE HERIT OF MAKING THE NUMBER OF RELEASES TO WHICH LE SHALL DRAV ATTENTION EQUAL TO THE NUMBER OF BRITISH DETAINEES IN CHINA, THOUGH WE DO ĮKOT PATEND THAT THIS POINT SHOULD BE MADE,

IF YOU AGREE WE SHOULD PREFER TO STICK TO THE ORIGINAL WORDING PROPOSED FOR THE COMMUNICATION TO THE CHINESE, WHICH WAS PHRASED DELIBERATELY NOT TO MENTION THE EXISTENCE OF THE REMAINING LONG.

TERA PRISONERS.

LOUGLAS-HO E

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TO PRIORITY F C O TELNO 1182 OF 2ND PEKING.

►

YOUR TELEGRAM NUMBER 1297 TO PEKTI!G1|

CONFRONTATION PRISONERS.

ADOO DOLL

1972. NİFO PRIORITY

VID IN

73 M. 40

THE LATTER PART OF PARA 2 OF TELEGRAM UNDER REFERENCE SUGGESTS THAT THREE OF THE REMAINING SEVEN CONFRONTATION PRISONERS WILL BE RELEASED IN A BATCH IMMEDIATELY BEFORE THE CHINESE NEW YEAR. THIS IS NOT SO. 1 SHOULD THEREFORE PREFER THIS PASSAGE TO READ:

... IN THE INTERESTS OF CLEMENCY AND OF SINO-BRITISH RELATIONS, TO RELEASE FOUR OF THE PRISONERS IN THE PERIOD BETWEEN YOUR VISIT TO PEKING AND THE CHINESE NEW YEAR. AS THE CHINESE WILL KNOW ONE OF THESE PRISONERS, LAW LUN HAS ALREADY BEEN RELEASED.''

2. I WONDER IF THE FIRST SENTENCE OF MORGAN'S LETTER TO THE MFA - OF 28TH NOVEMBER ABOUT LAW (WHICH I HAVE JUST SEEN) HAS NOT SOMEWHAT DETRACTED FROM THE IMPACT OF THE PROPOSED COMMUNICATION. HOWEVER, IF H.M. AMBASSADOR THINKS IT MIGHT STILL HELP HIM | HAVE NO OBJECTION TO IT.

3. OF COURSE THE LESS PUBLICITY THE BETTER.

MACLEHOSE

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1972

COPY

TO PRIORITY PEKING TELNO 1997 OF 1 DECEMBER/INFO GOVERNOR HONG KONG,

HONG KONG TELEGRAM NO 1937, ÞARÁGRAPH 41 CONFRONTATION PRISONERS.

1 WE ARE GRATEFUL TO THE GOVERNOR FOR HIS OFFER, WHICH WE ARE GLAD TO ACCEPT.

2. SUBJECT TO ANY FURTHER COMMENTS WHICH THE GOVERNOR MAY HAVE, YOU SHOULD NOW INFORM THE CHINESE THAT THE HONG KONG GOVERNMENT HAVE DECIDED, IN THE INTERESTS OF CLEMENCY AND OF SINO-BRITISH RELATIONS, TO ADVANCE THE RELEASES OF THE THREE CONFRONTATION PRISONERS DUE IN ANY CASE IN THE EARLY PART OF 1973 TO THE EVE OF CHINESE NEW YEAR, 3. IF THE CHINESE ASK ABOUT THE REMAINING FOUR PRISONERS, YOU SHOULD SAY THAT THESE MEN WERE ALL CONVICTED OF PARTICULARLY SERIOUS CRIMES WHICH INVOLVED KILLING OR SERIOUSLY WOUNDING, SO THAT THE QUESTION OF CLEMENCY DOES NOT ARISE FOR THE TIME BEING,

4. YOU SHOULD YOURSELF MAKE NO REFERENCE TO THE QUESTION OF THE BRITISH DETAINEES. IF THE CHINESE BRING THE SUBJECT UP, YOU SHOULD SAY THAT WE NATURALLY HOPE THAT THE CHINESE WILL MAKE GOOD THE UNDERTAKINGS THEY GAVE ME.`

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161

Written Answers

29 NOVEMBER 1972

Mr. St. John-Stevas: It is not possible to answer this Question because the term petroleum technology" is not applied to particular courses in universities. Many subjects, which are widely available, can be directly relevant to the needs of the petroleum industry, including chemistry, physics, mathematics, chemical engineer- ing, mechanical engineering, mining and geology.

FOREIGN AND COMMONWEALTH

AFFAIRS

Hong Kong

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Affairs how many persons charged and found guilty of offences in connection with the 1967 riots in Hong King are still in prison.

Mr. Anthony Royle: Seven of those found guilty of offences arising from the 1967 disturbances are still serving prison sentences.

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Affairs how many penal establishments there are in Hong King: how many of these are exclusively for juveniles; and if he will list, by establishment, the number of prisoners now serving sentence.

2,293

---

$90 285

Stanley Maximum Security Prison Chi Ma Wan Open Prison Victoria Reception Centre... Tai Lam Addiction Treatment

Centre

FIL

Ma Po Ping Addictins. Treatment

Centre

Stanley Training Centre

Cape Collason" Training Centre Tai Tam Cup Training Centre Sha Tsui Detention Centre Tai Lam Centre for Women Kwun Tong Hostel

Castle Peak Boys' Home O Pui Shan Boys' Home... Begonia Aan Boys' Home Ma Tau Wei Girls' Hom

502

709

242

241

£61

102

104

++1

Total 5,58

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Afairs in which year corporal punishment was abolished in Hong Kong penal establish

ments.

Mr. Anthony Royle: Corporal pun- ishment in Hong Kong penal establish- fuents is still permitted as a last resort. Linder prison rules tae Commissioner of Prisons may with the approval of the Covernor, and provided the Governor is satisfied that no other form of authorised

DATE BY NOV

COL.

VOL.

....8.4.4

Written Answers

162

punishment will prove effective, award corporal punishment to any male offender for the following offences:

(n) Mutiny:

(b) Incitement to mutiny; and (e) Gross person violence against offi-

cers of the Prisons Department.

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Affairs what official estimate exists of the number of prostitutes in Hong Kong: and if he will make a statement on the policy Raymo measures adopted by the Government of Hong Kong to eliminate prostitution,

Mr. Anthony Royle: No official estimate is made for the number of pros titutes in Hong Kong. In 1971, however, 641 persons were convicted for soliciting.

Measures 10 counter

prostitution include legislation "gainst related activi- ties such as soliciting, trafficking in women, keeping a brothel and nimping. In addition, rehabilitation is undertaken by the Government's Social Welfare Department and by voluntary agencies.

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Affairs what official surveys of the num ber of beggars in Hong Kong have been undertaxen in recent years; and in what publications the official findings of these surveys can be found.

Mr. Anthony Royle: Sample surveys of beggars in Hong Kong are conducted from tie to time by the Social Welfare Department. The latest was in March, 1971.

This showed a 50 per cent. decline in the number of beggars since 1968.

The survey has not been published, but I will write to the hon. Member with further details.

Mr. Sillars asked the Secretary of State for Foreign and Commonwealth Affairs what official public assistance schemes are now operating in Hong Kong; and if he wili make a statement giving details of the Tenefits paid in cash under each scheme.

Mr. Anthony Koyle: There is one public assistance schène in Hong Kong which is reviewed annually. Any eligible person who has an income below ne levci prescribed by the scheme is paid aa allowance to meet the difference. Tho

RECEIVED IN

29th November 1972

Ia. Mr James Sillars (South Ayrshire): To ask the

Secretary of State for Foreign and Commonwealth Affairs, how many persons charged and found guilty of offences in connection with the 1967 riots in Hong Kong are still in prison.

NO 37W

MR ANTHONY ROYLE

Seven of those found guilty of offences arising from the 1967 disturbances are still serving prison sentences.

L156329 Gp.863

PARLIAMENTARY QUESTION

The draft reply should reach the Parliamentary Office through your

29th November 1972 Under-Secretary by

for WRITTEN answer on.

FYI---------

37w

the

Noon Tuesday Af/11

La. Mr James Sillars (South Ayrshire): To ask the

Secretary of State for Foreign and Commonwealth Affairs, how many persons charged and found guilty of offences in connection with the 1967 riots in Hong Kong are still in prison.

ん

how Royle

Seven of those found guilty of offences arising from

the 1967 disturbances are still serving prison sentences.

HU FOR NOO

HOFO 034/27

PP FCO

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Hel 41107

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FM HONG KONG 2709382

CONFIDENTIAL

TO PRIORITY FCO TELEGRAM NUMBER 1162 OF 27 NOVEMBER,

YOUR TELKO 1824 ↑ P.Q.3 | CONFRONTATION PRISONERS,

SEVEN

EIGHT (8) OF THOSE FOUND GUILTY OF OFFENCES ARISING FROM THE 1967 DISTURBANCES ARE STILL SERVING PRISON SENTENCES.Ą

FCO PASS COPY TO HONG KONG GOVERNMENT OFFICE LONDON

MACLEHOSE

*NNN

SENT AT 27/18022 RD

Seven of those found guilty of offmors arising froz

the 1967 disturiances are still serving prison sentences.

I LL

# CLAIR

·BI FCO 1718407

UNCLASSIFIED

(HK) HKX 15/10

TO PRIORITY GOVERNOR HONG KONG TELEGRAM NUMBER 1024 OF 17 NOVEMBER. 19

MIPT.

1. FOR ANSWER ON 20 NOVEMBER.

TO ASK THE SECRETARY OF STATE WHY, EARLIER THIS YEAR, THE HONG KONG 180GRATION DEPARTMENT DROPPED THE TERM COLONY FROM ITS PASSPORTS AND IMMIGRATION STAMPS,

C. FOR ANSWER ON 27 NOVEMBER.

TO ASK THE SECRETARY OF STATE, WHAT IS THE ACREAGE OF CROWN LAND IN HONG KONG HOW MANY ACRES IN TOTAL ARE LEASED TO PRIVATE INDIVIDUALS OR CORPORATE BODIES: AND IF HE WILL NAME THE 10 MAJOR LEASEHOLDERS AND STATE THE DATE WHEN THEY FIRST TOOK THE LEASE. TO ASK THE SECRETARY OF STATE, IF THE GOVERNMENT OF HONG KONG LEASES LAND THROUGH ONE OF ITS OWN DEPARTMENTS DEALING DIRECTLY WITH APPLICANTS, OR THROUGH PRIVATE PROPERTY COMPANIES,

TO ASK THE SECRETARY OF STATE, HOW MANY LEASES FOR LAND ARE UNDER CURRENT ISSUE BY THE GOVERNMENT OF HONG KONG: WHAT WILL BE THE INCOME FROM THESE IN THE CURRENT FINANCIAL YEAR: AND HOW MANY LEASES WILL COME UP FOR RENEWAL IN 1973.

TO ASK THE SECRETARY OF STATE, IF HE WILL STATE THE TOTAL INCOME OF THE GOVERNMENT OF HONG KONG IN THE LAST FINANCIAL YEAR, SHOWING UNDER THE NECESSARY HEADINGS HOW THIS INCOME WAS DERIVED: IF HE WILL STATE THE GOVERNMENT'S EXPENDITURE IN TOTAL AND UNDER VARIOUS HEADINGS FOR THE SAME PERIOD: AND HOW THIS COMPARES WITH THE PAST 10 YEARS.

TO ASK THE SECRETARY OF STATE, WHAT LEGISLATION HAS BEEN ENACTED IN HONG KONG FOR THE PURPOSE OF REGULATING THE AFFAIRS OF STOCK EXCHANGES IN THE COLONY: AND IF HE WILL MAKE A STATEMENT ON FUTURE COVERNMENT ACTION IN THIS NATTER.

TO ASK THE SECRETARY OF STATE, WHAT ARE THE CURRENT OR PROJECTED CAPITAL PROJECTS TO SOLVE THE WATER SUPPLY PROBLEM IN HONG KONG. TO ASK THE SECRETARY OF STATE, HOW MANY TRADE UNIONISTS ARE PRESENTLY SERVING ON LEGISLATIVE BODIES WITHIN HONG KONG: AND IF HE WILL LIST THE BODIES CONCERNED AND THE TOTAL NUNDER OF MEMBORS OF EACH, INDICATING THE TRADE UNIONISTS SERVING ON EACH.

/TO

TO ASK THE SECRETARY OF STATE, HOW MANY CASES OF SUICIDE VERE REPORTED IN HONG KONG IN EACH OF THE PAST 12 YEARS: AND HOW MANY SUICIDES WERE FROM THE CHINESE POPULATION IN EACH OF THE STATED YEARS.

TO ASK THE SECRETARY OF STATE, IF HE WILL LIST THE CROWN COLONIES, SHOWING THE RESPECTIVE POPULATIONS, GROSS NATIONAL PRODUCT, AND PER CAPITA INCOME IN EACH OF THE LAST 10 YEARS.

TO ASK THE SECRETARY OF STATE, HOW MANY CASES OF MURDER, ROBDERY WITH VIOLENCE, AND RAPE HAVE BEEN COMMITTED IN HONG KONG IN EACH YEAR IN THE PERIOD 1960 TO 1971 AND IN THE FIRST NINE MONTHS OF THIS YEAR.

3. FOR ANSWER ON 28 NOVEMBER.

TO ASK THE SECRETARY OF STATE, IF HE WILL PUBLISH DETAILS, FROM SOURCES AVAILABLE, OF THE TRADE UNIONS, TRADE UNION MEMBERSHIP, AND CENTRAL TRADE UNION ORGANISATIONS IN HONG KONG.

TO ASK THE SECRETARY OF STATE, WHAT LAW EXISTS IN HONG KONG WHICH PROHIBITS TRADE UNIONS FROM ESTABLISHING AND USING A POLITICAL FUND TO FURTHER THE INTERESTS OF THEIR MEMBERS.

TO ASK THE SECRETARY OF STATE, WHAT LAWS EXIST IN HONG KONG WHICH ALLOW THE GOVERNMENT TO INTERFERE WITH THE RIGHTS OF TRADE UNIONS TO MAKE INDEPENDENT DECISIONS ABOUT AFFILIATIONS TO INTERNATIONAL TRADE UNION ORGANISATIONS.

TO ASK THE SECRETARY OF STATE, WHAT RESTRICTIONS ARE PLACED BY LAW UPON TRADE UNION MEMBERSHIP IN HONG KONG.

TO ASK THE SECRETARY OF STATE, IF HE WILL LIST THE MAJOR PUBLIC WORKS PROJECTS UNDER WAY OR PLANNED TO START SHORTLY IN HONG KONG AND THE COST OF EACH PROJECT: IF HE WILL NAME THE UNITED KINGDOM COMPANIES WHO HAVE BEEN AWARDED CONTRACTS: AND IF HE WILL ESTIMATE THE TOTAL VALUE TO THE UNITED KINGDOM INCOME OF THESE CONTRACTS. TO ASK THE SECRETARY OF STATE, IF HE WILL LIST THE LABOUR LAWS IN FORCE IN HONG KONG, THE DATES OF ENACTMENT AND THE PURPOSES OF EACH ACT.

TO ASK THE SECRETARY OF STATE, WHAT PERCENTAGE OF THE GOVERNMENT OF HONG KONG'S TOTAL EXPENDITURE IN THE LAST FINANCIAL YEAR WAS ALLOCATED TO SOCIAL WELFARE SERVICES INCLUDING HOUSING: AND WHAT IS THE PERCENTAGE OF THIS YEAR'S TOTAL EXPENDITURE DEVOTED TO THESE SERVICES.

4. FOR ANSWER ON 29 NOVEMBER.

TO ASK THE SECRETARY OF STATE, HOW MANY PERSONS CHARGED AND FOUND GUILTY OF OFFENCES IN CONNECTION WITH THE 1967 RIOTS IN HONG KONG ARE STILL IN PRISON.

/TO

-2-

TOK THE SECRETARY OF STATE, HOW MANY PENAL ESTABLISHMENTS THERE ARE IN HONG KONG, HOW MANY OF THESE ARE EXCLUSIVELY FOR

JUVENILES: AND IF HE WILL LIST, BY ESTABLISHMENT, THE NUMBER OF

PRISONERS NOW SERVING SENTENCE.

TO ASK THE SECRETARY OF STATE, IN WHICH YEAR CORPORAL PUNISHMENT WAS ABOLISHED IN HONG KONG PENAL ESTABLISHMENTS.

TO ASK THE SECRETARY OF STATE, WHAT OFFICIAL ESTIMATE EXISTS OF

THE NUMBER OF PROSTITUTES IN HONG KONG: AND IF HE WILL MAKE A

STATEMENT ON THE POLICY MEASURES ADOPTED BY THE GOVERNMENT OF

HONG KONG TO ELIMINATE PROSTITUTION.

TO ASK THE SECRETARY OF STATE, WHAT OFFICIAL SURVEYS OF THE NUMBER OF BEGGARS IN HONG KONG HAVE BEEN UNDERTAKEN IN RECENT YEARS; AND

IN WHAT PUBLICATIONS THE OFFICIAL FINDINGS OF THESE SURVEYS CAN

BE FOUND.

TO ASK THE SECRETARY OF STATE, WHAT OFFICIAL PUBLIC ASSISTANCE SCHEMES ARE NOW OPERATING IN HONG KONG: AND IF HE WILL MAKE A STATEMENT GIVING DETAILS OF THE BENEFITS PAID IN CASH UNDER EACH

SCHEME.

TO ASK THE SECRETARY OF STATE, IF HE WILL PUBLISH FIGURES SHOWING THE NUMBER OF PERSONS IN HONG KONG, IN THE LAST FINANCIAL YEAR, ESTIMATED TO HAVE A MONTHLY INCOME IN HONG KONG HONEY OF, NAMELY, UNDER 400 DOLLARS, 400 TO 509 DOLLARS, 560 TO 668 DOLLARS, 600 TO 700 DOLLARS, 700 TO 1,000 DOLLARS, 1,000 TO 1,500 DOLLARS, 1,500 TO 3,000 DOLLARS, 3,000 TO 10,003 DOLLARS, 10,000 TO 30,000 DOLLARS, AND ABOVE 30,000 DOLLARS, RESPECTIVELY.

TO ASK THE SECRETARY OF STATE, WHAT IS HIS ESTIMATE OF THE PROPORTION OF THE HONG KONG POPULATION LIVING BELOW THE CURRENT OFFICIAL DEFINITION OF POVERTY AND HOW THIS COMPARES WITH EACH OF THE PREVIOUS 12 YEARS, USING FOR EACH INDIVIDUAL YEAR THE OFFICIAL DEFINITION OF POVERTY APPLIED AT THAT TIME.

TO ASK THE SECRETARY OF STATE, IF HE WILL STATE IN INCOME TERMS THE HONG KONG GOVERNMENT'S CURRENT OFFICIAL DEFINITION OF A POOR FAMILY: AND HOW THIS COMPARES WITH THE DEFINITION APPLIED IN EACH

OF THE LAST 12 YEARS.

TO ASK THE SECRETARY OF STATE, IF, TAKING 1960 AS THE BASE FACTOR, HE WILL INDICATE THE PERCENTAGE INCREASE IN THE COST OF LIVING IN

HONG KONG IN EACH YEAR SINCE THEN.

เ

ーダー

/TO

LARY OF STATE, WIAT GOVERNMENT ORGANISATION IS

*LISHED IN HONG KONG FOR DEALING WITH DISPUTES BETWEEN EMPLOYERS AND WORKPEOPLE: HOW MANY COVERNMENT REPRESENTATIVES ARE

VOLVED IN CONCILIATION WORK: AND HOW MANY DISPUTES WERE REPORTED IN EACH OF THE PAST SIX YEARS.

TO ASK THE SECRETARY OF STATE, IF BLIND WORKERS IN HONG KONG HAVE PRESENTED A PETITION OR HADE REPRESENTATIONS TO THE GOVERNOR AT ANY TIME IN THE LAST TWO YEARS ABOUT THEIR WORKING CONDITIONS: AND MIAT REPLY THE COVERIJOR GAVE THESE WORKERS.

TO ASK THE SECRETARY OF STATE, HOW MANY EMPLOYERS HAVE BEEN PROSECUTED IN HONG KONG IN EACH OF THE LAST FIVE YEARS FOR EMPLOYING CHILD LABOUR: AND IF HE WILL STATE THE HIGHEST, THE LOWEST, AND THE AVERAGE FINE IMPOSED BY THE COURTS IN EACH OF THESE YEARS. TO ASK THE SECRETARY OF STATE, WHEN THE LAST OFFICIAL SURVEY OF EMPLOYMENT CONDITIONS WAS TAKEN IN HONG KONG: AND WHAT WERE ITS FINDINGS WITH REGARD TO THE EMPLOYMENT OF CHILDREN IN MANUFACTURING AND OTHER INDUSTRIES.

TO ASK THE SECRETARY OF STATE, HOW MANY PEOPLE ARE ESTIMATED TO LIVE IN THE KUN TONG INDUSTRIAL AREA OF HONG KONG: VHICH HOSPITALS ARE LOCATED WITHIN THIS AREA: AND HOW MANY HOSPITAL BEDS BY SPECIALTY ARE AVAILABLE FOR THE POPULATION OF THIS AREA.

TO ASK THE SECRETARY OF STATE, IF HE WILL PUBLISH DETAILS OF THE

HONG KONG GOVERNMENT'S HOSPITAL BUILDING PROGRAMME SINCE THE END OF THE LAST WAR.

TO ASK THE SECRETARY OF STATE, IF HE WILL DETAIL THE LAND TRANSACTIONS UNDERTAKEN BY THE HONG KONG GOVERNMENT IN EACH OF THE LAST FIVE YEARS, SHOWING THE INCOME DERIVED BY THE GOVERNMENT FROM EACH INDIVIDUAL TRANSACTION.

TO ASK THE SECRETARY OF STATE, IF HE WILL GIVE FIGURES, BY RANK, SHOWING THE MAKE-UP OF THE HONG KONG POLICE FORCE IN EACH BRANCH OF THE SERVICE: AND IF HE WILL SHOW THE TOTAL EXPENDITURE ON POLICE SERVICES IN EACH OF THE

TO ASK THE SECRETARY OF STATE,

PAST 10 YEARS.

WHAT IS THE CURRENT POLICE/ POPULATION RATIO IN HONG KONG: AND IF HE WILL SHOW HOW THIS COMPARES WITH EACH OF THE PAST 10 YEARS.

TO ASK THE SECRETARY OF STATE, IF HE WILL PUBLISH THE MEMBERSHIP OF HONG KONG'S EXECUTIVE AND LEGISLATIVE COUNCILS, SHOWING THEIR STATUS, OCCUPATION AND LENGTH OF MEMBERSHIP.

/TO

THE SECRETARY OF STATE, HOV MANY MAJOR FIRES THERE HAVE KLÈN IN SQUATTER AREAS OF HONG KONG IN EACH OF THE LAST 10 YEARS↑ AND IF HE WILL STATE THE DEATHS AND SERIOUS INJURIES ARISING OUT OF EACH INCIDENT.

TO ASK THE SECRETARY OF STATE, IF HE WILL ESTINATE NOW MANY PRIVATE HOSPITALS AND HOSPITAL BEDS ARE AVAILABLE IN HONG KONG: AND IF HE WILL GIVE A SAMPLE OF THE SCALE OF CHARGES KNOWN TO HIS DEPARTMENT.

TO ASK THE SECRETARY OF STATE, HOW MANY FREE HOSPITAL BEDS ARE AVAILABLE PER HEAD OF THE POPULATION IN HONG KONG.

DOUGLAS HOME

FILES

NKIOD

PARLIAMENTARY UNIT

OLA

-5-

}

ASK THE SECRETARY OF STATE, HOW MANY MAJOR FIRES THERE HAVE BEEN IN SQUATTER AREAS OF HONG KONG IN EACH OF THE LAST 10 YEARS: MID IF HE WILL STATE THE DEATHS AND SERIOUS INJURIES ARISING OUT OF EACH INCIDENT.

TO ASK THE SECRETARY OF STATE, IF HE WILL ESTIMATE HOW MANY PRIVATE HOSPITALS AND HOSPITAL BEDS ARE AVAILABLE IN HONG KONG: AND IF HE WILL GIVE A SAMPLE OF THE SCALE OF CHARGES KNOWN TO HIS DEPARTMENT.

TO ASK THE SECRETARY OF STATE, HOW MANY FREE HOSPITAL BEDS ARE AVAILABLE PER HEAD OF THE POPULATION IN HONG KONG.

DOUGLAS-HOME

FILES

IKIOD

OLA

PARLIAMENTARY UNIT

-5-

PRIORITY

CYPHER CAT A

MLF C O 171645Z

RESTRICTED

(HK)

1JSCK18/10

TO PRIORITY HONG KONG TELNO 1923 OF 17 NOVEMBER.1972

1. MR JAMES SILLARS, MP (LABOUR, SOUTH AYRSHIRE), HAS TODAY PUT BOYNI A LARGE NUMBER OF QUESTIONS FOR WRITTEN ANSWER ON VARIOUS DATES. DETAILS ARE IN MIFT.

2. WE SHOULD BE GRATEFUL FOR YOUR ADVICE ON REPLIES BY CLOSE OF PLAY TUESDAY, 21 NOVEMBER FOR THE QUESTION PUT DOWN FOR 20 NOVEMBER (OH WHICH THERE IS OF COURSE THE USUAL GRACE PERIOD) 1 BY 23 NOVEMBER FOR THE QUESTIONS DOWN FOR 27 NOVEMBER, BY 24

NOVEMBER FOR THE QUESTICUS DOWN FOR 26 NOVEMBER AND BY 27

NOVEMBER FOR THE QUESTIONS DOWN FOR 29 NOVEMBER.

3. WE ARE SORRY FOR THE SHORT NOTICE, BUT ONLY THE FIRST NEEDS A QUICK ANSWER.

DOUGLAS-HIOME

FILES

HKIOD

PARLIAMENTARY UNIT

OVERSEAS LABOUR ADVISER

FFFFF

RESTRICTED

Mr. Jones

[IMG

28 Yareuber 1972

Mr Chang

Director of Consular Desartment Vinistry of Foreign Affairs

You will wish to be swaps that as part of the continuing process of review of rison sentences in Rong Kong, a number of further rednotions have been sade in the centenasm of prisonera gent need in 1967. ne of the results of these decisions wLE that a prisoner will be released on 29 Versaber schona earliest prospective date of release was previo-uly 23 March 1976.

The process of review of sentencna by the prison Board of eries will continus, as will norma

wview

releases.

I take this opp, riunity to convey my bost vishes.

Blind copies to:

Far Eastern Dept FCO

Political Advisers Office Hong Kong

RX FORS

Enter

GEL

忛

UNCLASSIFIED COVERING CONFIDENTIAL

Our Ref: GR LM C 38/71

The Radio stan

Om bre

COLONIAL BECRETARIAT, HÀNG HỒNG.

20th November, 1972.

Falt 14 MiLog

Gao one. It is 2. HILOD.

typical of the Darus Michael,

Gott Secretarial

Kum

During Mr. Royle's visit her last week, he was promised notes about Disturbance Prisoners and about Personal Radios for Police officers on patrol bucure duties. вате wH.K.

There was not in the event time to hand these over before he left, and I have therefore been asked to send

them to you. They are enclosed.

تمام

A letter to the

Станет ли

expremin

my concern, please.

Yours ever,

Teker

(G.P. Lloyd)

intilele für Ag. Deputy Colonial Secretary.

This

M.Q. to

sherr pen

K.M. Wilford, Esq., C.M.G., Hong Kong & Indian Ocean Dept., Foreign and Commonwealth Office, LONDON, S.W.1.

2 Encls.

A.R.

UNCLASSIFIED COVERING CONFIDENTIAL

2 xi

P/A

5/12

كيلا؟

Tb. Willard

Mr. Wilm

Mihogay.

th. Royle's note

No, thank you.

There has been a

D.lola 1112 Submisin

Docs Miloyle whill

with to speak about forevers?" Mr

below

Pry Kessing

this

416100

30/4

Box

Hon. C.S.,

CONFIDENTIAL

I would like to talk to ne

W(33

A.R

Wilfund a bow t

Disturbance Prisoners.

་.

During our meeting yesterday afternoon, Mr. Royle enquired about the nationality of the 4 prisoners who will remain after the present batch of 4 has been released between

now and the 1973 Lunar New Year

Brief notes of these four are as follows. These

are taken from the statements given by the prisoners themselves to the Police when they were first arrested in 1967.

(1) IP Tat-shing was born somewhere in China in 1943.

He came to Hong Kong during the mass exodus of 1962.

(2) CHU Tsz-tim, born at Wai Yeung in 1945. He was

brought in illegally from China by his father

about 1959.

(3) MOK Siu-kui, born at Miling Village, Hoi Fung in

December 1937. He entered the Colony illegally

in 1962.

(4) LO Shui-yan, born in 1931 at Hing Ling, China. Claims

to have come to Hong Kong in February 1947.

IP and CHU were sentenced to life imprisonment. MOK and LO were sentenced to 12 years' imprisonment. MOK's

earliest date of release would be 14.12.75, and LO's 15.2.76, allowing for maximum remission being earned by each of them.

I think that we may safely assume that none of

these 4 have been naturalised and that therefore none of them

is a British subject.

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

back it

дат Having deportation.

Kan!

The age of

CONFIDENTIAL

Meup Roberts

(D.T.E Roberts) Attorney General.

14.11.72.

[

PRIORITY

EN CLAIR

(FE) 4X

棍

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*

SEE MY TEL NO 1978

DOUGLAS-HOME

FILES:

FED

HKIOD

HR WILFORD

Kakkari atas Season 2+k",

NOTHING TO BE WRITTENJIN THIS MARGIN

Registry No.

DEPARTMENT

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

[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

(date)

Since the question is for answer on 29 November

we have amended 8 to read 7.

Sec

.my

tel no 1070.

Saving to:-

Distribution:

File,

FED

квасва

HK,OD.

Copies to:-

271845

zlu

SECRET

Mr Evans

Mr Wilford

agree.

Mr Logan/

Private Seonat

A.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

SECRET

/as they

SECRET

as they were convicted of more serious crimes any act of

clemency towards them would be more difficult.

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

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.

SECRET

I fully agree.

જ્

point of detail

in respect of the last 4

the Attorney General

born

China

كيه

which would

been born

has confined that

are thus open to deportation

брет

as I have been the case if they had

in the Colmy.

Kun Wilford

all

four

were,

гд

Mr Hervey

Mr Wilford

CONFIDENTIAL

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

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.

HKIOD agree.

CC:

Mr Evans HKIOD

27 November 1972

Fellark

GE Clark

Far Eastern Department

CONFIDENTIAL

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/MR ROYLE

PS/PUS

SIR S ORAWFORD

SIR T BRIMELOW MR ROSE

CONFIDENTIAL

་

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

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.

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'

CONFIDENTIAL

IMMEDIATE

CYPHER/CAT A

FM F.C.0. 271839Z

CONFIDENTIAL

DESKBY 2831032 (HONG KONG)

1972

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

PEKING.

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

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

}

PRIORITY

CYPHER/CAT A

Tôi HONG KONG 2419062

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/MR ROYLE

PS/PUS

SIR S CRAWFORD

SIR ↑ BRIMELOW

MR ROSE

CONFIDENTIAL

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/MR ROYLE

PS TO PUS

SIR S CRAWFORD SIR T BRIMELOW

MR ROSE

CONFIDENTIAL

IMMEDIATE

EN CLAIR

FM PEKING 130630Z

UNCLASSIFIED

N+

rat in!

1972

TO IMMEDIATE FCO TELEGRAM NO-1891 OF 13 NOVEMBER/INFO ROUTINE

HONG KONG.

COUNSELLOR'S TELEGRAM NO 1272 OF 10 NOVEMBER.

I AGREE AND HAVE NO FURTHER COMMENTS.

ADDI S

FILES

FED

HKIOD

FUSD

MR WILFORD SIR E NORRIS STR D WATSON

(65.)

EDIATE

PHER CAT A

FM PEKING 1304352

SECRET

TOP COPY

1972

TO IMMEDIATE FCO TELEGRAM NO 1289 OF 13 NOVEMBER INFO IMMEDIATE HONG KONG ( PERSONAL FOR GOVERNOR).

REFERENCE OUR TEL 1272.

PARAGRAPH 1 PLEASE AMEND TO READ,.... AND AGREE THAT WE SHOULD

ANNOUNCE THIS AS A

ADDIS

FILES

FED

HKIOD

FUSD

MR WILFORD SIR E NORRIS SIR D WATSON

UNILATERAL ETC.............

SECRET

ہوتا

IMMEDIATE

SECRET

CYPHER CAT A

PEKING 1008002

SECRET

1972

TO IMMEDIATE FCO TELNO 1272 OF 10 NOVEMBER INFO IMM TO HONG KONG (PERSONAL FOR GOVERNOR)

FROM MORGAN.

fir

YOUR TELEGRAM NO 1016: CONFRONTATION PRISONERS.

RECEIVED IN REGISTAY IN- 15. M

1. WHILST 1 HAVE SOME SYMPATHY WITH THE VIEW THAT THE FOUR

REALLY SERIOUS OFFENDERS SHOULD PAY A PROPER PENALTY FOR THEIR

CRIMES 1 AM CONCERNED THAT, BY POSTPONING A DECISION ABOUT THEIR CASES, WE MAY ULTIMATELY BE FORCED INTO A POSITION WHERE WE HAVE TO DISCUSS SWAPPING THE THREE BRITISH DETAINEES, WHO ARE CERTAINLY UNDESERVING BUT NONETHELESS CONTINUE TO EVOKE A

CERTAIN AMOUNT OF PRESS INTEREST, FOR THE FOUR REMAINING CONFRONTATION PRISONERS IN CIRCUMSTANCES WHERE THE CHINESE

MIGHT TRY TO BARGAIN FOR LOCAL RELEASE RATHER THAN DEPORTATION.

I CERTAINLY THINK THAT WE SHOULD TRY ON THE CHINESE THE SUGGESTION

ANNOUNCE IN THE GOVERNOR'S PARAGRAPH 4 AND AGREE THAT WE SHOULD CONTINUE

THIS AS A UNILATERAL ACT AND WITHOUT IN ANY WAY ASSOCIATING

IT EITHER WITH CHOU EN-LAI'S REMARKS OR WITH THE THREE BRITISH

DETAINEES, BUT IF THE CHINESE MERELY TAKE NOTE AND DO NOT

THEN RELEASE THE BRITISH DETAINEES I SUGGEST THAT WE SHOULD SERIOUSLY CONSIDER 'DEPORTATION OF THE FOUR REMAINING PRISONERS WITHIN THE NEXT SIX MONTHS AS A UNILATERAL ACT AND

ON LINES OF CHINESE DEPORTATION OF THE FARMER BROTHERS IE THAT HAVING TAKEN OUR DECISION WE SHOULD GIVE THE CHINESE 24 HOURS

FORMAL NOTICE AND PRESENT THE FOUR PRISONERS AT THE BORDER THE

FOLLOWING DAY.

2. THE AMBASSADOR, WHO IS AT PRESENT IN CANTON, MAY WISH TO

COMMENT FURTHER ON HIS RETURN ON MONDAY.

ADDI S

FILES

FED

HKTOD

MR WILFORD

PUSD

SIR E NORRIS SIR D WATSON

SECRET

PRIORITY EN CLAIR

FM F C O

#81950 Z

Adoo dol

(FE) 14

UNICLASSIFIED

TO PRIORITY PEKİNG TELNO 1016 OF 8 NOVEMBER, 1972) INFO ROUTINE TO GOVERNOR HONG KONG.

HONG KONG TELNO. 1037.

İF YOU HAVE ANY COMMENTS WE SHOULD BE GRATEFUL TO HAVE THEM BEFORE THE END OF THE WEEK.

DOUGLAS HOME

FILES

FED

HXFOD

PUSO

VR WILFORD

SIR E NORRIS

S.RD WATSON

4/1/3

Registry No.

DEPARTMENT

SECURITY CLASSIFICATION

Top Secret

Secret

Confidencial

Restricted

Unclassified

NOTHING TO BE WRITTEN IN THIS MARGIN

PRIORITY MARKINGS

(Date)

Despatched

Flash Immediata Priority Routine

Date and time (G.M.T.) teleham should

reach addpace(s).

ויזזיוחיזו

PRIVACY MARKING

In Confidence

En Clair. Code Cypher

Draft Telegram to:-

No. 1016..

Date) 8/11

And to:-

[Security classification]

-if any

f Privacy marking

-if any

[Codeword-if any]

Addressed to,

telegram No..

And to

]

...

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PU¬¬-----------------ınım-ı-----------------min

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Pelry 1016

KOVA PILLEAUTO

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Governor Hong Kong.

--- ..-.--|

repeated for information to

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-----..................IP

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... - Owlmı

------------------- --‒‒‒‒‒‒‒‒‒‒‒‒‒‒

ILI-FI ---- ---- --- -- - 1.

Reped to:-

Hong Kong telegram No 1037

ी

have

comments

you

any

we should be grateful

to have them

before the end of the week.

Saving to:-

Distribution:-

File:

FED

болн

Puss

The Wilford

C. E. Nors

Copies To:- ́& Phasm

حام

CYPHER/CAT A

SECRET

HƯNG KONG Q345457

SECRET

។

TO ROUTINE F C O TELKO 1837 OF 8TH NOVEMBER, 1972, INFO ROUTINE

PEKING.

REGLARY:

CONFRONTATION PRISOMERS.

Fax 141

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 BE A SMALL THING OUT OF THE WAY (IN BOTH PARLIAMENTARY AND ANGLO-CHINESE TURKS) 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 | WOULD PREFER TO STAND ON THE TERMS SET OUT IN 52 MY LETTER TO ILFORD OF GTI 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 DE MUCH MORE DIFFICULT) TO OFFER

DEPORT THEM TO CHINA,

1. HOWEVER, IF THIS WOULD HELP THE BRITONS WE COULD AGREE TO

BUNCH! THE RELEASES SO THAT ALL & WOULD BE OUT BEFORE CHINESE

NEW YEAR, 1.E. 4TH FEBRUARY, AND THE CHINESE COULD BE INFORMED NOW THAT THIS WOULD HAPPEN.

15.

SECRET

5. I WOULD PREFER THIS TO BE A UNILATERAL AND NOT A CONDITIONAL

ACT. THIS 13 BOTH TO AVOID A HAGGLE, AND TO AVOID ANYTHING THAT

COULD BE REPRESENTED AS A SWAP.

5. IF THE CHINESE ENQUIRED ABOUT THE REMAINING 4,

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 BEING.

MACLEHOSE

FILES

FED

EKIOD

CONS D

[REPEATED AS REQUESTED]

PS/MR ROYLE

SIR E NORRIS

NEWS D PS

PS/MR AMERY

SIR D WATSON MR WILFORD MR D A SCOTT

-2-

SECRET

IMMEDIATE

CYPHER CAT A

EM PEKING #20309.Z

CONFIDENTIAL

1972

RECEIVED IN

TO IMMEDIATE FCO TELNO 1285 OF 2 NOVEMBER INFO IMMEDIATE 50 HONG KONG (PERSONAL

הדגל

MY TELNO 1232. CONFRONTATION PRISONERS AND BRITISH DETAINEES. AT SECRETARY OF STATE'S MEETING WITH CHOU EN-LAI ON

1 NOVEMBER CHOU SAID THAT HE INTENDED TO RELEASE THE DETAINEES. HE DID NOT TIE THEIR RELEASE TO THOSE OF THE CONFRONTATION PRISONERS. HE EXPRESSED THE HOPE, HOWEVER, THAT THE PROBLEM OF THE LATTER COULD BE RESOLVED. SECRETARY OF STATE SAID THAT HE WOULD HAVE TO DISCUSS THE QUESTION WITH THE GOVERNOR

AND THAT THERE WERE DIFFICULTIES IN DOING SO.

2. SINCE THE MEETING HEAD OF INFORMATION DEPT AT MFA

HAS SPOKEN TO LEAHY ABOUT WHAT PRESS LINE SHOULD BE TAKEN. FROM THIS IT EMERGED THAT CHINA DO NOT INTEND ACTUALLY TO MAKE RELEASES UNTIL THEY SEE SOME ACTION ON OUR PART. THIS IS LESS

SATISFACTORY.

3. THE AGREED PRESS LINE IS

THE CASE OF DETAINEES WAS

RAISED BY S OF S AND ALSO BY PUS IN THE TALKS WHICH HE HAD WITH MR CHANG....THE CHINESE CONFIRMED THAT THEY ARE REVIEWING THESE CASES AND S OF S HOPES THAT WITH THE IMPROVEMENT IN OUR

RELATIONS MATTERS OF THIS KIND CAN BE PESOLVED.

ADDIS

FILES

FED

HKIOD

NEWS D

PS TO MR GODBER

PS TO MR ROYLE

PS TO PUS

SIR S CRAWFORD

SIR E NORRIS

SIR D WATSON MR D A SCOTT

FFFFF

CONFIDENTIAL

бо

it hang

nang

Cirector of Toncular apartzent

Ministry of Foreign Affairs

enter Mr Da

натоя

R. Compton

6/11

17,

Das's Kelly

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For 14

You will wish to be Azeme that na

contin ing "206095 of reviez f clan sonte ses in

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a number of further reduations have been mide in the se-tenans af mrisoners sentenéed in 1767. me a the *rm to deglaione ma that a prízos e van relatend on 15 vhcae earliest prospective data

25 Jamary 1975; and a forther 9 october xhoge earliest

bear

3-mm 1372.

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I take this opportunity to be very

orr

Blind copies to:

Far Eastern Dept PCO

Political Adviser's Office Hong Kong

IMMEDIATE

CYPHER CAT A

FM PEKING #310152

CONFIDENTIAL

1972

TO IMMEDIATE FCO TELEGRAM NO 1230 OF 3 NOVEMBER/INFO IMMEDIATE GOVERNOR HONG KONG.

MY TELEGRAM NO 1202.

1. LAST SENTENCE DOES NOT REPRESENT MY VIEWS. I DO NOT AT ALL EXCLUDE THE POSSIBILITY OF THE CHINESE AGREEING TO EXPULSION OF THE CONFRONTATION PRISONERS ON CONDITION OF THEIR RESTRICTED RESIDENCE IN CHINA. MY IMPRESSION IS THAT CHANG'S COMMENT ON EXPULSION WAS DIRECTED AT THE QUESTION OF THE BRITISH DETAINEES,

ADDI S

FILES

FED

HKIOD

NEWS D

PS TO PUS

PS TO MR ROYLE SIR S CRAWFORD SIR E NORRIS

SIR D WATSON MR D A SCOTT

MR WILFORD

CONFIDENTIAL

IMMEDIATE

CYPHER CAT A

FM PEKING Ø18930Z

CONFIDENTIAL

1972

TO IMMEDIATE FCO TELNO 1272 OF 1 NOVEMBER AND TO IMMEDIATE

HONG KONG PERSONAL FOR GOVERNOR,

CONFRONTATION PRISONERS.

AT A MEETING OF OFFICIALS ON 31 OCTOBER CHANG WEN-CHIN, IN THE CONTEXT OF WHAT THE S OF S HAD SAID AT THE MINISTERIAL MEETING THAT MORNING ABOUT BRITISH DETAINEES, BROUGHT UP THE QUESTION OF CONFRONTATION PRISONERS. HE SAID THAT HE DID NOT

WISH TO GO OVER OLD GROUND ABOUT THE SENTENCES OF THE COURTS

OR OF THE TRIALS THEMSELVES, BUT PROPOSED THAT THIS MATTER AND THAT OF THE DETAINEES SHOULD BE SETTLED IN THE VERY NEAR

FUTURE. THE INFERENCE WAS THAT THE CONFRONTATION PRISONERS

SHOULD BE RELEASED IN EXCHANGE FOR THE DETAINEES. SIR D. GREENHILL AFTER STRESSING THAT THE CIRCUMSTANCES OF THE TWO CASES WERE QUITE DIFFERENT SAID THAT HE COULD GIVE NO ANSWER BUT ONLY REPORT THE PROPOSITION, HE ENQUIRED, HOWEVER, WHETHER

WHEN CHANG SPOKE OF ''RELEASE'' HE MEANT IN THE COUNTRY IN

WHICH THEY WERE HELD OR WHETHER EXPULSION WOULD BE INVOLVED. (HE HAD IN MIND THE POSSIBILITY THAT THIS WAS A HINT THAT CONFRONTATION PRISONERS MIGHT BE ACCEPTED INTO CHINA IF RELEASED). CHANG SAID THAT HE DID NOT MEAN EXPULSION AND WHEN PRESSED

SAID THAT HE DID NOT EXCLUDE THE POSSIBILITY OF SOME OF OUR

DETAINEES BEING ALLOWED TO STAY IN CHINA.

2. CHANG STRESSED THAT HIS PROPOSAL WAS MADE IN THE

CONTEXT OF IMPROVING SINO-BRITISH RELATIONS AND OF THE S OF S'S VISIT TO PEKING. IT WAS THE MOMENT TO GET RID OF THIS RUNNING

SORE IN OUR RELATIONS.

13.

CONFIDENTIAL

(5)

CONFIDENTIAL

3. S OF S WILL WISH TO DISCUSS THE CASES WITH THE GOVERNOR WHEN IN HONG KONG, A DIRECT SWAP OF THIS KIND IS OBVIOUSLY OPEN TO GRAVE OBJECTION UNLESS THE CHINESE WERE TO ACCEPT THE PRISONERS INTO CHINA AND TO GUARANTEE THAT EXCLUSION FROM THE COLONY TILL THEIR SENTENCES HAD EXPIRED. EVEN IF THE MEN CONCERNED WERE ALL WILLING TO GO TO CHINA, ON WHICH THERE IS NO CERTAINTY, THE CHINESE GOVT WOULD ALMOST CERTAINLY NOT ACCEPT THIS CONDITION.

ADDI S

FILES

FED

HKICD

NEWS D FS

PS/PUS

SIR S CRAWFORD SIR E NORRIS SIR D WATSON MR D A SCOTT PS/MR ROYLE

CONFIDENTIAL

•

PRIORITY

EN CLAIR

HONG KONG 230836Z

OPY

lat

UNCLASSIFIED

TO PRIORITY PEKING TELNO 121 OF 23RD OCTOBER, 1972. INFO ROUTINE F C 0.

YOUR TELEGRAM NO 79, [CONFRONTATION PRISONERS)

1. PARA. 1 CONFIRMED.

■ ↑

2, PARA 2 : NOTED.

MACLEHOSE

FILES

FED

HKI OD

CONSULAR DEPT P.S./MR ROYLE MR WILFORD

ماک

PRIORITY CYPHER CAT A

CONFIDENTIAL

153

FM PEKING 299702Z

CONFIDENTIAL

RECEIV

1972

TO PRIORITY HONG KONG TELEGRAM NO 79 OF 20 OCTOBER INFO

PRIORITY FCO.

CONFRONTATION PRISONERS,

PARAGRAPH 3 OF YOUR TELEGRAM NO 944 TO FCO.

FEH

FEH 14!!

GRATEFUL FOR CONFIRMATION THAT PRISONERS CONCERNED ARE YAU WAI AND LEUNG PUN (YOUR LETTER SCR 7/3371/68 11 OF 6 JULY TO WILFORD).

IT WOULD BE HELPFUL IF YOU COULD CONTINUE SENDING US ADVANCE CONFIRMATION OF RELEASES SO THAT WE CAN FULFIL ASSURANCES GIVEN BY MR ROYLE TO CH'IAO KUAN-HUA (MY TELEGRAM NO 732 TO FCO) BY INFORMING THE CHINESE.

3. CONSULAR DEPARTMENT RAISED THE QUESTION OF CONFRONTATION PRISONERS WITH US ONCE AGAIN DURING DISCUSSION OF THE FARMER DEPORTATION BUT ONLY IN FAIRLY MILD AND GENERAL TERMS.

ADDIS

FILES:

HKIOD

[REPEATED AS REQUESTED]

FED

PUSD

SEAD

N AN DEPT

EESD

DEFENCE DEPT

PS TO MR ROYLE

PRIVATE SECRETARY

PS TO PUS

SIR S CRAWFORD

SIR T BRIMELOW

NR ROSE

KR WILFORD

CONFIDENTIAL

ہو

BRITISH MBASSY

ELING

19 July 1972

îr Chang Tuan-ming Director

Consular Department

Kinistry of Foreign Affairs People's Republic of Chine

4/8

2017

Mitteil MiDay 17 HKI O Dept. (1 418

R.E.

You will wish to be aware that as a part of the

continuing prosess of review of prison sentences in Hong Kong, a reduction has been made in the sentence of a prisoner sentenced in 1967.

As a result ons prisoner whose prospective date of release was originally 3 February 1973 was released on 14 July.

The process of review of sentences by the arison Board of Review will continue, as will normal releases.

I take this opportunity to convey to you sy best

wishes.

ENTO FE

28/7

blind copy to:

RM Evens E8q, FER,FCC

RJ Stratton Eaq, Hong Kong

MX Morgan

PRIORITY

CONFIDENTIAL

Ꮧ0 40f

CYPHER CAT A

FM PEKING 219745Z

CONFIDENTIAL

TO PRIORITY FCO TELNO 732 OF 21 JULY INFO ROUTINE HONG KONG. HONG KONG TELNO 66 OF 12 JULY TO PEKING: CONFRONTATION PRISONERS,

1. IN VIEW OF ASSURANCES GIVEN BY MR ROYLE TO MR CHIAO KUAN-HUA (PARA 15 OF RECORD A OF CONVERSATION) I HAD NO CHOICE BUT TO CONTINUE TO INFORM THE MFA OF RELEASES. THEREFORE WHEN CALLING ON DEPUTY HEAD OF CONSULAR DEPARTMENT, MFA, ON OTHER BUSINESS ON 19 JULY, COUNSELLOR HANDED HIM A LETTER ADDRESSED TO HEAD OF CONSULAR DEPARTMENT (CHANG TSAN-MING) INFORMING HIM IN USUAL TERMS OF EARLY RELEASE OF ONE PRISONER (CHAN YIK) AS A RESULT OF LATEST BOARD OF REVIEW.

ADDIS

DEPARTMENTAL DISTRIBUTION:

FED

HKIOD

IRD

NEWS DEPT

CONFIDENTIAL

DWNFO 128/21

LIM NR 499/21

PP FCO

RR HONG KONG

GR 108

CYPHER CAT A

FM PEKING 210745Z

CONFIDENTIAL

Dep" dar

edist

TO PRIORITY FCO TELNO

HONG KONG TELNO 66 OF

Weller 1

Mi Waller

FER14/

ADVAN SOPY X R.C. HIFEX

2/1

sify

732 OF 21 JULY INFO ROUTINE HONG KONG.

12 JULY TO PEKING: CONFRONTATION PRISONERS.

1. IN VIEW OF ASSURANCES GIVEN BY MR ROYLE TO MR CHIA KUAN-HUA

(PARA 15 OF RECORD A OF CONVERSATION) I HAD NO CHOICE BUT TO

CONTINUE TO INFORM THE MFA OF RELEASES. THEREFORE WHEN CALLING

ON DEPUTY HEAD OF CONSULAR DEPARTMENT, MFA, ON OTHER BUSINESS ON 19 JULY, COUNSELLOR HANDED HIM A LETTER ADDRESSED TO HEAD OF CONSULAR DEPARTMENT (CHANG TSAN-MING) INFORMING HIM IN USUAL TERMS OF EARLY RELEASE OF ONE PRISONER (CHAN YIK)

AS A RESULT OF LATEST BOARD OF REVIEW.

ACC PARA 1... CC WA BY MR ROYLE TO....MR CHIAO KUAN-HUA,

ADDIS

NNNN

}

CONFIDENTIAL

BY BAG

SCR 7/3371/68 II

Welk

GOVERNMENT HOUSE

HONG KONG

M. HENG, FIELD.

R.E.

ugh EFRE

K M Wilford Esq CMGRIGA

F CO

LONDON S W1

207

Дел

afril/

Des Michael

14/7.

FED will will

6th

July, 1972

to this ALogan 1777

CONFRONTATION PRISONERS :

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(

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to see.

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to dissent from the Govenor's

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BOARD OF REVIEW OF 29 JUNE

At a meeting on 29 June the Board of Review reduced the sentences of a further six of the confrontation prisoners to seven years, and all six (whose names are asterisked in the attached list) will now be released this year. The revised timetable of releases means that seven will remain in prison at the end of 1972, and only four at the end of

1973.

of/1

The steady flow of releases between the visits of Mr Royle and the Secretary of State to Peking is all to the good and I am sure will be noted by the MFA without our saying anything about it. I therefore hope we will not do so.

I doubt if we can now do much more by means of the Review procedure. The four who will still be held after April 1973 all killed or seriously injured police officers or members of the public. The Board of Review considered the sentence on one of them (LO Shui-yan who laid a bomb which killed three persons and injured 38) and could not recommend a reduction. Nor can they see any ground for recommending reductions in sentence for the other three. I entirely agree.

The four prisoners who will be left are serving demonstrably well deserved sentences.

There

MW%

seems a good chance that they will be allowed to lapse into political oblivion with another of the 1967 killers, HO Cheung, who shot a policeman during the troubles, fled to China, returned and was arrested last year, and is now doing 25 years. The Chinese have kept very quiet indeed about him and may similarly prefer to forget the other four killers, left over from 1967. However, if they ever did complain about their detention, the facts would warrant a very robust answer indeed.

CONFIDENTIAL

In previous papers I had envisaged offering to deport the hard core which I had expected to be rather larger. But this was only if we were under heavy pressure. At the moment we are not, and I therefore think we should make no such offer. If the situation changed we could reconsider.

Incidentally I think we all have good cause to be thankful to Denys Roberts, the Attorney General, for the way in which he has chaired the Review Board. I am also grateful to John Addis for dealing so robustly with the MFA on this issue. I hope that this forthright treatment, coupled with Roberts' steady reduction of the numbers, have gone a long way towards easing us off this hook. Meanwhile let us do nothing to disturb the favourable course by either mentioning this to the Chinese or, if they raise it, departing in any respect from the line we have taken in Peking.

cc HM Ambassador

PEKING

You

CONFIDENTIAL

CONFRONTATION PRISONERS

Prospective releases at 1 July 1972

(for details see list of 15 May 1972)

Immediate

14. 7.72

16. 7.72

17. 7.72

6. 8.72

7. 8.72

11.9.72

11. 9.72

25. 9.72

9.10.72

28.11.72

24. 2.73

4. 3.73

15. 4.73

14.12.75

15. 2.76

Life

NOTES: (1)

(ii)

CHAN Yik

TONG Ching-ping

TO Min

CHENG Yat-choi

LUX Nam

SZETO FOon

TSUI Chun

IP Sing

YAU Wai

LEUNG Pun

LO Lun

TAM Fat

CHAN Yuk-va

CHAN Sang-cheung

MOK Siu-kui

LO Shui-yan

CHU Wing-chuen

IP Tat-shing

All before The Secciary

of diare's

(10)

Visit to China.

R.E.

1447

(8)

indicates sentence reduced by Board of Review,

29 June 1972

Date

1 July 1972

1 January 1973

16 April 1973

Prisoners

16 February 1976

15 December 1975

CONFIDENTIAL

HOFO884/12

PEKING

RR F C O

GRPS 120

CYPHER/CAT A

FM HONG KONG 1231222

CONFIDENTIAL

ADVANCE COPY

гу

Mr Without And for Garteng H K & I OD

I I =

TO PRIORITY PEKING TELNO 66 OF 12TH JULY, 1972. INFO BOUTINE F Co.

CONFRONTATION PRISONERS,

OWING TO THE FORTNIGHTLY BAG I DISCOVER YOU WILL NOT HAVE RECEIVED A COPY OF A LETTER OF MINE TO WILFORD OF 6TH JULY ABOUT THE REDUCTION OF SENTENCES ON A FURTHER 6 PRISONERS. THIS

WILL NOW REACH YOU EARLY NEXT WEEK.

2. THE IMMEDIATE EFFECT IS THAT THERE WILL BE TWO RELEASES ON 14 JULY (CHAN YIK, TONG CHING-PING), ONE ON 16 JULY (TO MIN) AND ONE ON 17 JULY (CHÊNG YAT-CHOI).

3. AS SUGGESTED IN THE LETTER 1 HOPE YOU WILL NOW FEEL ABLE

Atterbed

TO DISCONTINUE SAYING ANYTHING TO THE CHINESE ABOUT THIS MORIBUND ISSUE, AND THAT WE CAN LEAVE NEWS OF THESE RELEASES TO REACH

THE NF A THROUGH THEIR OWN EXCELLENT CHANNELS,

HACLÉHOSE

NNNN

SENT AT 12/0438Z RD

RECD AT 12/8438Z PJH

し

PIFOTO4/12

- J

- PEKING

BRF CO

GRPS 123

16¢

CYFHER/CAT A

ADVANCE COPY

FM HONG KONG 123123Z

CONFIDENTIAL

Mr Wilford And for eate Hi HK & IOD

FEH 1/1

TO PRIORITY PEKING TELNO 66 OF 12TH JULY, 1972. INFO ROUTITE F C 0.

CONFRONTATION PRISONERS.

OWING TO THE FORTNIGHTLY BAG I DISCOVER YOU WILL NOT HAVE

RECEIVED A COPY OF A LETTER OF MINE TO WILFORD OF GTH JULY ABOUT THE REDUCTION OF SENTENCES ON A FURTHER 6 PRISONERS. THIS

WILL HOW REACH YOU EARLY NEXT WEEK.

2. INÉ IMMEDIATE EFFECT IS THAT THERE WILL BE TWO RELEASES O4 14 JULY (CHAH YEK, TONG CHING-PING), ORE ON 16 JULY (TC MIN) AND ONE ON 17 JULY (CHENG YAT~CHCI).

3. AS SUGGESTED IN THE LETTER I HOPE YOU WILL HOW FOEL ABLE

TO DISCONTINUE SAYING ANYTHING TO THE CHINESE ABOUT THIS MORIBUND

ISSUE, AND THAT WE CAN LEAVE MOVS OF THESE KELCACES TO REACH THE IF A THROUGH THEIR OWN EXCELLENT CHANIELS.

MACLEHOSE

ANNA

SENT AT 12/54387 RD

HECD AT 12/34392 PJH

Now have I received Si M.M's letter!

For

Milleford

تم تم

Read. This pro

негодовому

1297.

The Goremor is suggesting a change in procedure. MiAdon's

will, I fancy, argue for notification to go on.

R.M. Erans

12 July, 1972.

TRIORITY

CYFHER/CAT A

FM HONG KONG 19/12 Z

CONFIDENTIAL

RECENT

R.G MAYN. NO

1 4 JUL 1972

FEH 14

TOP COPY

TO PRIORITY PEKING TELNO 66 OF 18TH JULY, 1978. INFO ROUTINE F C C.

CONFRONTATION PRISONERS.

OWING TO THE FORTNIGHTLY BAG I DISCOVER YOU WILL NOT HAVE

RECEIVED A COPY OF A LETTER OF MINE TO WILFORD OF 6TH JULY ABOUT

THE REDUCTION OF SENTENCES ON A FURTHER 6 PRISONERS. THIS

KILL NOW REACH YOU EARLY NEXT WEEK.

2. THE IMMEDIATE EFFECT IS THAT THERE WILL SE TWO RELEASES ON 14 JULY (CHAN YIK, TONG CHING-PING), ONE ON 16 JULY (TO MIN) AND ONE ON 17 JULY (CHENG YAT-CHOI).

3. AS SUGGESTED IN THE LETTER I HOPE YOU WILL HOW FEEL ABLE

TO DISCONTINUE SAYING ANYTHING TO THE CHINEVE ABOUT THIS MORIBUND ISSUE, AND THAT WE CAN LEAVE NEWS OF THESE SELEASES TO PEACH THE M F A THROUGH THEIR OWN EXCELLENT CHANNELS.

MACLEHOSE

DEPARTMENTAL DISTRIBUTION

FED

HKIOD

NÉHO D

IRD

CONFIDENTIAL

p.a. ли

2017

CONFIDENTIAL

C J Howells Esq

word

KONG

FER 11/1

13 June 1972

AT TALK ANI JOKES

During a meeting held by Mr Royle on 11 May (the main purpoɛa of which was to discuss the issue of official Chinese representation), the subject of confrontation

I am sorry that we have prisoners was also brought up. not reported this before.

2. It was decided that present policies for dealing with the problem were satisfactory; and the hope was expressed that the Chinese would recognise it as a disappearing problem, It was also hoped that the irisons Board of Review would be able to make recommendations for further releases at its June meeting. In the meantime there was advantage in continuing the practice of giving advance notification to the Chinese. Towards the end of the year we should consider whether to offer deportation of the hard-core.

Copy to:

Horgan Esq

PEKIN

COMARINESTI AL

RBR Hervey

Far Eastern Department

Covering Confidential

Reference

Kr Laird

FEA 14/1

No comment стать

En 9

CONFRONTATION FRISONERS

(49)

FED would like you to see the attached draft

letter to the Political Adviser. I believe you were

present at the meeting in Mr Royle's office.

P.r. lleely

P. M. Kelly

9 June 1972

The Wendy нежи To wan's'

I fear that

this is

another casualty of other preoccupations.

Thr Evans arked me have only just love this. The next Confidential Brag is on

to draft before his departure and i

Hy Thay.

Letter to issue Lo

1216

CONFIDENTIAL FEDER

FLO

M. Every e My Here

Hervey 345

With the Compliments of the

Political Advise Hong Kong

to see zon

RECEIVED IN

***.50

Fat

CONFIDENTIAL

CONFRONTATION PRISONERS

Prospective releases at 15 May 1972

Release

Number

Name

14.6.72

28834

TSANG Mui

14.7.72

27993

TONG Ching-ping

Offence

Consorting with another person who without lawful authority has explosive substance in his possession.

Possession of

ammunition.

Possession of

offensive weapon.

Original sentence

5+8 concurrent

16.7.72

28906

TO Ming

Possession of

offensive weapon.

17.7.72

28669

CHENG Yat-choi

Possession of offensive weapons.

6.8.72

29279

LUK Nam

Possession of offensive weapons.

ம்

7.8.72

29281

SZETO Foon

Possession of offensive weapons.

3.2.73

28489

CHAN Yik

Being found in the company of another person who without lawful authority has an explosive substance in his possession.

CONFIDENTIAL

8+4 concurrent

Background

One of two bomb planter

who blev themselves up at Army Quarters.

The other was killed,

Nil.

Arrested placing a bomb in Queen's Road Central.

Arrested in possession of fireworks-bombs and weapons at his home address.

Arrested planting bombs at Hung Hom Ferry.

Arrested in street in Yaumati in possession of bomb.

-/2.

די

Release

Number

24.2.73

28707

246.74

TAM Fat

Name

4.3.73

28754

CHAN Yuk-va

4774

CHAN Sang-cheung

CONFIDENTIAL

Offence

(contd)

Failing to report offence of posses- sion of explosive substance.

Possession of offensive weapon.

Doing an act with intent to cause by an explosive substance an explosion.

Possession of offensive weapon.

Doing an act with intent to cause by an explosive sub- stance an explosion.

Attempting to cause an explosion with intent to endanger life or property.

10.

15.4.73

29863

15.8.74

11.

9.6.73

30412

LEUNG Pun

explosive substance

with intent.

explosive substances

Possession of

Original sentence

10+5 concurrent

Background

10+10 concurrent

Threv bomb at Police during a demonstration

Caught placing bombs in Shamshuipo.

5+5+8+5 concurrent

Arrested following a raid at his home address.

Possession of

offensive weapons.

Possession of

corrosive substances

CONFIDENTIAL

-/3.

, I

Release

12.

11.1.74

Number

29884

Name

IP Sing

CONFIDENTIAL

Offence

Possession of an

explosive sub-

stance with intent to endanger life or property.

Possession of an offensive weapon.

Possession of simulated bombs.

Possession of an explosive sub- stance vith

intent to endanger life or property.

Possession of an offensive weapon.

Original sentence

9+9+5+9+9 concurrent

13.

11.1.74

29882

TSUI Chun

14.

25.1.74

29883

YAU Wai

Possession of simulated bombs..

/9+9+5+5 concurrent

Possession of an explosive substance with intent to endanger life or property.

Possession of an

offensive.weapon.

Possession of simulated bombs.

Concorting with a person having in his possession

explosive substances.

CONFIDENTIAL

Background

-/4

ז'

CONFIDENTIAL

Offence

Release

Number

Name

15.

12.75

29736

MOK Siu-küi

Wounding with intent to murder

16.

15.2.76

30954

LO Shui-yan

Manslaughter

17.

28.3.76

32869

LO Lun

18.

Life

28999

IP Tat-shing

19.

Life

28998

CHU Wing-chuen

Robbery with aggravation. Robbery with aggravation.

Possession of offensive weapons.

Laying an explosive substance.

Causing an explosion.

Possession of

offensive weapons.

Laying an explosive substance with intent.

Causing an explosion.

Laying an explosive substance with intent.

FED, FCO

Chancery, Peking

(n o o) Hon. AG, HSG, DSB, DIS (Personal)

CONFIDENTIAL

Original sentence

12+12+12 concurrent

4+5 consecutive

Background

Threw a bomb at a Police party. 11 persons injured.

1 of 3 defendants involved in a bomb incident Lai Chi Kok/ Prince Edvard Road in which 3 persons vere killed and 38 injured.

Robbery of Police arms in Yuen Long and Kam Tin.

10+5+Life+Life concurrent

Life

AXING

8. May 1977

233

ir Chang Tuan-ring .i"ector

Consuler Department

inistry of Foreign Affairs emple's Republic of China

Dongle Hrepog PMI 2445

د مهنا

во

You will wish to be avare thut at a part of the continuing process of review of prizer. noutencee in One ong number of reductions inve ten nada in pantences of i-isorers saulcated in 1967.

The result of thace decision will be that ena prisoner will be re'nusad on 12 May whose earliest release date would have been 35 Juruary 1973. A fetter prizorer will be released r. 14 June whose surlicat reignse date would have been 16 ang ber and another prison.p will be released on 14

released on 14 July whose earliest release date would have been 10 January 1973.

7፡

The process of review of sentences by the mainph Board of Review will contique, no wi 1 norecl rejonuts.

i take this opportunity to convey Ly bost vision.

V Morgan

Blind copies to:

H: Evans Esq

Far Eastern Derartment JC

1. F Maddocks Esq Folitical Adviser

Jong Kong

CONFIDENTIAL

With the Compliments of the Assistant Political Adviser

Hong rộng

Enter

1/3

BY BAG

SCR 7/3371/68 II

CONFIDENTIAL

M J RICHARDSON ESQ

PEKING

9 May 1972

FEH 1411

ماشا

CONFRONTATION PRISONERS

Thank you for your query about the previous offers of deportation mentioned in Hong Kong telegram No. 26 to

Peking.

10.

The first vas a personal message from the Secretary of State (Mr. George Brown) to Chou En-lai of 30 August 1967. There is no sign of any reply on our files. The second, in a formal démarche made at the Ministry of Foreign Affairs on 13 April 1968 was categorically rejected by Mr. Lo Kuei-po, then Vice-Minister of Foreign Affairs. The third attempt, made at a secret contact in Hong Kong in early 1969 elicited

no reply.

Copies are enclosed of P O telegrams No. 1801 of 1967 to Hong Kong and No. 356 of 1968 to Peking; and of Peking telegram 302 of 1968 to the F 0.

H L1 Davies E8q

FED

(w o encls)

FCO

(C J Hovells)

CONFIDENTIAL

has

CONFIDENTIAL FE

With the Compliments of the

Admi

Assistant Political Sain

seen

The Evans 1 Hong Kong

915 of

The

Tr Hervey &

then x

Enter

18/5

RECEIVED IN

R'G' ̃ ̃Y!

1/72

1x14/1

CONFIDENTIAL

CONFRONTATION PRISONERS

Prospective releases at 5 May 1972

Release expected

Number

Name

Original sentence

12.5.72

28330

CHAN Chin-fong

14.6.72

28834

TSANG Mui

-i

14.7.72

27993

TONG Ching-ping

5+1+8+2 concurrent

5+p+8+2

+8 concurrent

16.7.72

28906

TO Min

17.7.72

28669

6.6.72

29279

7.8.72

29281

3.2.73

28489

24.2.73

28707

10.

4.3.73

28754

11.

15.4.73

29863

12.

9.6.73

30412

13.

11.1.74

29884

14.

11.1.74

29882

15.

25.1.74

29883

16.

14.12.75

29736

17.

15.2.76

30954

LO Shui-yan

13.

28.3.76

32869

LO Lun

19.

Life

28999

IP Tat-shing

20.

Life

28998

CHENG Yat-choi

LUK Nam

SZETO Foon

CHAN Yik

TAM Fat

CHAN Yuk-wa

CHAN Sang-cheung

LEUNG Pun

IP Sing

TSUI Chun

YAU Wai

MOK Siu-kui

CHU Wing-chuen

+4 concurrent

1045 concurrent

10+10 concurrent

5+5+8+5 concurrent

9+9+5+9+9 concurrent

9+9+5+5 concurrent

12+12+12 concurrent

4+5 consecutive

10+5+Life+Life concurrent

Life

FED, FCO

Chancery, Peking

(no o) Hon. AG, HSG, DSB, DIS (Personal)

CONFIDENTIAL

PRIORITY

CYPHIP CAT. A

! PEKING

SKEIDENTIAL

DIN

AQUAI BLITIAL

8 MAY 1972

FEA 14/1

TOP COPY

TO PRIORITY F C O TELEGRAM HO. 472 OF 5 MAY INFO HONG KONG.

YOUR TEL NO. 346 TO HONG KONGL

CONFRONTATION PRISONERS.

IT IS SIGNIFICANT AND IMPORTANT THAT CHANG WEN-CHIN

DID NOT RAISE THIS MATTER AT OUR MEETING YESTERDAY.

2. I AM GRATEFUL FOR THE DISCRETION GIVEN TO ME ON

NOTIFICATION. 1 AM SATISFIED THAT IT IS PIGHT IN ALL THE CIRCUMSTANCES THAT WE SHOULD CONTINUE THE PRACTICE OF

(LKL)

ADVANCE NOTIFICATION. RECENT EXCHANGE OF TELEGRAMS HAS GIVEN ME A TETTER IDEA OF HOW YOU AND HONG KONG WANT ME TO PLAY THE HAND HERE. I HAVE THEREFORE DECIDED TO SWITCH NOTIFICATION FROM THE POLITICAL CHANNEL. NEXT NOTIFICATION WILL RE

GIVEN BY COUNSELLOR (IN MY ABSENCE ON TOUP) TO HEAD OF CONSULAR DEPARTMENT A FEW DAYS BEFORE 12 MAY. WE SHALL TRY

TO KEEP TO THIS CHANNEL IN FUTURE.

ADDIS

[REPEATED AS REQUESTED]

FILES FED

H K D

NEWS DEPT

GIP D

RESEARCH DET (FE AND

AMER SECTIONS)

MR VILFORD

SIR L HCNSON

CONFIDENTIAL

TOP COPY

PRIORITY

CYPHER/CAT A

FM HONG KONG 253295Z

CONFIDENTIAL

CONFIDE)

LAL.

RECEIVED IN

REGISTRY No. 52

- 5 MAY 1972

FEH14/1

TO PRIORITY F C O TELNO 380 OF 5TH MAY 1972, INFO PEKING.

YOUR TELEGRAM NUMBER 346:

CONFRONTATION PRISONERS.

MY INFORMATION SERVICES WILL NOT ANNOUNCE THESE RELEASES. IF THERE ARE PRESS QUERIES THEY WILL CONFIRM EACH RELEASE SEPARATELY AFTER THE EVENT AND WILL, IF NECESSARY, PROVIDE THE PRISONERS NAMES WITH BARE DETAILS OF THE ORIGINAL CONVICTIONS AND SENTENCES. THE AIN WILL BE TO KEEP PUBLICITY HERE TO A KIMIMUM AND TO AVOID ANY SUGGESTION THAT OUR POLICY MAY HAVE ALTERED.

MACLEHOSE

FILES

FED

HKO

NEWS D

GIPD

[REPEATED AS REQUESTED/

RES D (F E SECT)

RES D (AN SECT)

MR WILFORD

SIR L MONSON

CONFIDENTIAL

PRIORITY CYPHER CAT A

FEAT

TOP COPY

131

हुँ

FM FCO #11133Z

CONFIDENTIAL

ど

TO PRIORITY HONG KONG (PERSONAL FOR GOVERNOR) TELNO 346 OF 1 MAY, INFO PRIORITY PEKING

YOUR TELEGRAMS NO 26 TO PEKING AND NO 333 AND PEKING TELEGRAMS NO 347 AND NO 371: CONFRONTATION PRISONERS.

1. WE ACCEPT THE ANALYSIS IN PARAGRAPH 4 OF YOUR TELEGRAM NO 339 AND AGREE THAT YOU AND WE SHOULD STICK TO THE COURSE OUTLINED IN

PARAGRAPH 5.

2. ON NOTIFICATION, WE HAVE AN OPEN MIND, IF HM AMBASSADOR AT PEKING WOULD PREFER TO NOTIFY THE CHINESE ABOUT THE RELEASE OF CHAM CHIN-FONG, TSANG MUT AND TANG CHING-PING, WE SHOULD HAVE NO OBJECTION TO HIS DOING THIS, PROVIDED HE DOES SO IN THE SAME FORM AS HAS BEEN THE EMBASSY'S HABIT IN THE PAST. WE SHOULD NOT WISH HIM, HOWEVER,

TO SPEAK TO CHANG WEN-CHIN ABOUT THIS WHEN HE SEES CHANG ON OTHER

BUSINESS (PEKING TELMO 371).

3. WE OF COURSE VERY MUCH WELCOME THE NEWS IN YOUR TELEGRAM NO 26

1 TO PEKING,

DOUGLAS-HOVE

NNNN

FILES:

FED

HKD

NEWS DEPT

GIPD

RES DEPT (FE SEC)

AM SEC

MR. WILFORD

SIR L. MONSON

CONFIDENTIAL

Mr Wilford

CONFIDENTIAL

Eniei amor X.

CONFRONTATION PRISONERS IN HONG KONG

1. We owe the Governor and HM Ambassador in Peking our further views on this subject. I submit a draft telegram to Hong Kong accordingly.

I have deliberately not commented in the draft telegram on the Governor's view that Mr Addis should say nothing to the Chinese about the six additional releases which have now been approved by the Review Board (Hong Kong telegram No 330, paragraph 7). This is because the terms of the draft telegram are already discouraging enough from Mr Addis's point of view. For the same reason, I have not put in a passage saying that we agree with the line which the Governor suggests Mr Addis might take in response to any further Chinese pressure on the subject (Hong Kong telegram No 26 to Peking, paragraph 4).

Incidentally the Governor's arithmetic seems to have gone awry. If there are to be seven additional releases between now and April 1973, the total will be ten and not eleven (Hong Kong telegram No 26 to Peking, paragraph 1). The figure of seven is in any case inconsistent with the figure given in paragraph 7 of Hong Kong telegram No 330.

28 April 1972

Mr Laird

Mr Hervey

R.M. Evans

R M

Evans

Far Eastern Department

Amented in the light of Penning

CONFIDENT IAL

MW%.

Fel N:371

Teem sen. RE. 1/5.

PRIORITY

CYPHER/CAT A

HONG KONG 240645Z

CONFIDENTIAL

DEANED IN

CONFIDENTIAL

REGISTRY NS.52

2- - APR 1972

Feit 4/1

TO PRIORITY FCO TELNO 338 OF 24TH APRIL 1972. INFO PRIORITY

PEKING.

医

PEKING TELEGRAMS 346 AND 347: CONFRONTATION PRISONERS.

THE CHINESE SEEM TO BE DOING A MILD PROBE ON HONG KONG AT PRESENT BUT WE KNOW LITTLE OF THEIR MOTIVE. IT MAY BE BECAUSE : A) THE ISSUES RAISED ARE OF REAL AND IMMEDIATE CONCERN (WHICH I DOUBT), IN WHICH CASE THIS WILL BECOME APPARENT IN TIME: OR B) AS A COUNTER TO DEMANDS OF OURS ON OTHER MATTERS (AS APPEARS TO HAVE BEEN THE CASE IN THIS LAST INSTANCE), IN WHICH CASE WE MUST BE READY WITH A ROBUST REPLY (AS IN THIS CASE) OR DROP THE OTHER MATTERS:

C) JUST TO SEE WHAT CAN BE PICKED UP FOR NOTHING: IN WHICH CASE THIS TOO WILL BECOME APPARENT IN TIME PROVIDED WE SIT TIGHT.

2. MOREOVER I SUGGEST THAT WITH SO LITTLE TO GIVE AWAY ON ANY FRONT IT WOULD BE MOST IMPRUDENT TO CONCEDE ANYTHING AT THIS STAGE, AND IN EXCHANGE FOR NOTHING CONCRETE, AND WITHOUT BEING ABLE TO ASSESS WHAT THE EXTENT OF CHINESE INTENTIONS REALLY IS. TO RUN ANY RISK OF THEM CONCLUDING WE WERE IN A GIVING MOOD WOULD LEAD RAPIDLY TO DISILLUSIONMENT AND GRIEF.

3. SO I DEPRECATE THE OBJECTIVE OF APPEARING TO BE MAKING CONCESSIONS (TEL. 347, PARA. 5). NOR DO I BELIEVE THE CPG WILL IN FACT **PUT PRESSURE'' ON US OVER THIS ISSUE WHICH WE COULD NOT EASILY RESIST. BUT IN ANY CASE I BELIEVE THE CPG WOULD BE MORE LIKELY TO BE SATISFIED WITH A CONCESSION APPARENTLY GIVEN WITH RELUCTANCE( 1.E. ''WRUNG OUT OF US UNDER PRESSURE'') THAN THROWN AWAY IN THE FIRST ROUND. IT IS RELEVENT THAT ABOUT TWO MONTHS AFTER MY ARRIVAL LOCAL COMMUNISTS STARTED A PROBING AGITATION ABOUT THE PRISONERS, BUT DROPPED IT WHEN NO RESPONSE WAS MADE BEYOND THE SET RELEASES.

4. 1 THINK IT WOULD BE PREMATURE TO PROPOSE A DEAL BY MEANS OF DEPORTATION AS SUGGESTED IN PARA. 4 OF 347 BECAUSE:

A) THERE ARE STILL RATHER TOO MANY TO DEPORT WITHOUT A GREAT DEAL OF PUBLIC COMMENT HERE. IT WILL BE EASIER BY THE END OF THE YEAR WHEN THE NUMBERS HAVE BEEN REDUCED:

CONFIDENTIAL

/8) TO SEE

4°

B) TO SEE THE WHOLE PICTURE WE NEED TO KNOW WHAT RELEASES WILL COME OUT OF THE JUNE MEETING OF THE BOARD OF REVIEW=

C) SINCE THIS IS ONE OF THE FEW CONCESSIONS WE COULD EVENTUALL MAKE (AND IT IS NOT MUCH OF A ONE) LET US NOT SUGGEST IT AT THIS STAGE OR IT WILL BE DISCOUNTED IN ADVANCE:

D) ABOVE ALL SUCH A DISCUSSION MIGHT BE USED BY THE CHINESE TO OPEN UP JUST THE SORT OF WIDE-RANGING DIALOGUE ABOUT HONG KONG WHICH I AM SURE WE SHOULD KEEP OFF JUST NOW. SUCH A

DIALOGUE COULD BUT TO EASILY AROUSE FALSE EXPECTATIONS ON THE PART OF THE CPG AND SO LEAD TO UNNECESSARY GRIEF.

1 THEREFORE THINK WE SHOULD STICK TO THE TIMETABLE ENVISAGED IN THE ''GU]DELINES'', 1.E. STEADY REDUCTION OF NUMBERS DURING THIS YEAR TO BE FOLLOWED EVENTUALLY, IF THE CHINESE STILL KEEP FUSSING, BY AN OFFER TO DEPORT THE SMALL HARD-CORE REMAINING.

6. MEANWHILE I THINK HM AMBASSADOR COULD BEST GET THE MESSAGE ACROSS BY STICKING TO HIS FORMER RECOMMENDATION TO CEASE GIVING THE CHINESE ADVANCE NOTICE OF RELEASES. BUT THIS IS A MATTER FOR YOUR AND HIS JUDGEMENT, AND IF YOU SEE ADVANTAGE I WOULD NOT CBJECT TO HIM NOTIFYING THE CHINESE OF THE NEXT THREE 1.E. THE BALANCE OF THE LIST ATTACHED TO MADDOCK'S LETTER TO WILFORD OF 28 DECEMBER HOT MENTIONED IN SAVUEL'S LETTER TO CHANG WEN-CHIN CF 14 JANUARY. THE NUMBER HAPPENS APPROPRIATELY TO BE THE SAME AS THAT OF THE BRITISH PRISONERS IN CHINA.

7. BUT I THINK WE SHOULD SAY NOTHING ABOUT THE 6 FURTHER RELEASES REFERRED TO IN MY TELNO 26 TO PEKING UNTIL AFTER THE JUNE REVIEW, WHEN I HAVE SUGGESTED WE SHOULD RECONSIDER FUTURE TACTICS. OTHERVISE WE MAY FIND OURSELVES WITH NOTHING MORE TO SAY TO BRIDGE THE GAP IN THE SECOND HALF OF THE YEAR BEFORE WE ARE READY TO MAKE ON OFFER TO DEPORT.

8. I AM SO GLAD THAT HM AMBASSADOR USED THE ROBUST LANGUAGE REPORTED IN HIS TELNO 346. IF I MIGHT SAY SO I AM SURE THIS WILL SERVE ALL OUR INTERESTS BEST INCLUDING HIS OWN STANDING IN PEKING.

MACLEHOSE

FILES

/REPEATED AS REQUESTED/

GIPD

RES D (F E SECT)

FED

HKD

CONSULAR D

RES D (AM SECT)

SEAD

NEWS D IRO

SIR L MONSON MR WILFORD

NNNNN

2 - CONFIDENTIAL

PRIORITY

CYPHER CAT A

CONFIDENTIAL

RECEIVED IN

REGISTRY No. 52

FM PEKING 22041CZ

24 APR 1972

CONFIDENTIAL

как каза

The

TO PRIORITY FCO TELEGRAM NO 247 OF 29 APRIL INFO ROUTINE HONG KONG (PERSONAL FOR GOVERNOR).

YOUR TEL NO 252 AND HONG KONG TEL NO 26 TO ME:

CONFRONTATION PRISONERS.

AS REGARDS COMMUNICATING TO THE CHINESE ADVANCE INFORMATION OF RELEASES I THINK THE POSITION HAS CHANGED SINCE WE CONSIDERED THIS QUESTION IN JANUARY. AT THAT TIME IT WAS CLEAR THAT THE ISSUE OF CONFRONTATION PRISONERS WAS NOT LIKELY TO BE FROUGHT UP DIRECTLY IN THE CONTEXT OF THE NEGOTIATIONS ON DIPLOMATIC RELATIONS. IT SEEMED BEST THEREFORE TO TAKE NO INITIATIVE ON OUR SIDE WHICH MIGHT RISK REVIVING THE ISSUE. THE POSITION NOW IS THAT AFTER THE AGREEMENT ON AMBASSADORS THE CHINESE HAVE REVIVED THE ISSUE, NOT WITH ANY GREAT PRESSURE AS YET BUT WITH THE STRONGLY IMPLIED SUGGESTION THAT 1# THE NEW STATE OF OUR RELATIONS SINCE THEY HAVE MADE THE GESTURE OF RELEASING GLADYS YANG, WE SHOULD MAKE SOME RECIPROCAL GESTURE OVER THE CONFRONT- ATION PRISONERS. WE MUST EXPECT THE ISSUE TO BE BROUGHT UP AGAIN AND WITH INCREASING VIGOUR.

Į SHOULD THEREFORE LIKE NOW TO NOTIFY THE CHINESE OF THE ACCELERATED RELEASES WHICH HAVE NOW BEEN APPROVED. IN DOING SO, I SHOULD LIKE TO GO ON, IF THE GOVERNOR AGREES, TO GIVE THEM A FORECAST OF PROBABLE RELEASES OVER THE NEXT 12 MONTHS ON THE GENERAL LINES OF HONG KONG TELEGRAM UPDER REFERENCE. MY OBJECT IN MAKING THIS COMMUNICATION WOULD BE TO TRY TO REP- RESERT IT AS A CONCESSION ON OUR PART WHICH, DESPITE THE DISPARITY OF THE TWO CASES, COULD RE TAKEN AS BALANCING TO SOME EXTENT THE RELEASE OF GLADYS YANG.

CONFIDENTIAL

/3. AT

CONFIDENT LAL

AT THE SAME TIME I MUST CONTINUE TO MAKE IT CLEAR, AS I TRIED NA MESTI TY WITH CONSULAR DEPARTMENT (IFT) THAT THERE IS I FACT NO REAL SIMILARITY BETWEEN THE CONFRONTATION PRISONERS A THE THREE BRITONS STILL DETAINED FOR INVESTIGATION INTO POLITICAL OFFENCES IN PEKING. IT WOULD STRENGTHEN MY HAND IN THIS IF I COULD TELL THE CHINESE THE PARTICULAR TERRORIST ACTIVITIES FOR WHICH EACH OF THE HARD CORE CONFRONTATION PRISONERS HAS BEEN SENTENCED. I HOPE THAT THE GOVERNOR CAN TELEGRAPH THIS INFORMATION AND AUTHORISE ME TO USE IT.

AS REGARDS DEPORTATION I AM NCT SURE THAT CHINESE REFUSAL IN THE PAST NECESSARILY IMPLIES THAT THEY WOULD STILL REFUSE IN THE ALTERED CIRCUMSTANCES OF TODAY. I CANNOT ASSESS WITH ANY CONFIDENCE HOW THEY WOULD REACT BUT I THINK IT WOULD BE WORTH- WHILE SOUNDING THEM OUT. IF THEREFORE FAIL IN THE OBJECTIVE OF PERSUADING THE CHINESE TO ACCEPT ADVANCE NOTIFICATIONOF RELEASES AS A SATISFACTORY RECIPROCAL GESTURE SHOULD LIKE TO HAVE DISCRETION TO ARGUE THAT WHAY I HAVE TOLD THEM IS THE FOST WE CAN DO FOR THEM IN THE CIRCUMSTANCES AND THAT THE ONLY OTHER WAY TO SOLVE THE QUESTION OUTRIGHT WOULD BE TO DEPORT THE PRISONERS IF THE CHINESE WOULD ACCEPT THEM. THERE IS PERHAPS A CHANCE THAT THEY WOULD ACCEPT THIS BUT EVEN IF THEY DID NOT IT SOULD STRENGTHEN OUR POSITION IN RESISTING FURTHER ARGUMENT

THAT WE HAD MADE THE OFFER.

IN GENERAL IF THERE IS ANYTHING WE CAN TELL THE CHINESE ON THIS MATTER WHICH CAN BE REPRESENTED AS A CONCESSION TO THEIR POINT OF VIEW IT WILL BE BETTER TACTICS TO DO IT NOW AS A FREE GESTURE TO MARK THE IMPROVEMENT IN OUPRELATIONS THAN LATER AS SOMETHING YRUNG OUT OF US UNDER PRESSURE.

ADDIS

FILES

NED

HKD

GIPD

HEME D CONS D

PEPPE

/REPEATED AS REQUESTED/

RES D (F.E SECT)

(AM SECT)

SIR L MONSON

MR WILFORD

COMPETE1NMETAT.

PRIORITY

CYPHER CAT, A

FM PEKING 220415Z

CONFIDENTIAL

RASIVED IN

REGISTRY No. 52

24 APR 1972

Fax

#01

CONFIDENTIAL

TO PRIORITY F C O TELEGRAM NO. 346 OF 22 APRIL INFO ROUTINE HONG KONG (PERSONAL FOR GOVERNOR).

MIPT:

CONFRONTATION PRISONERS.

1. I CALLED ON CHANG TAI-MIN, HEAD OF CONSULAR DEPARTMENT, YESTERDAY TO RAISE SOME PRESSING CONSULAR NATTERS. WHEN I PASSED ON FOR THE RECORD TO THE THREE BRITISH SUBJECTS STILL REPAINING IN DETENTION IN PEKING AFTER THE RELEASE OF

É GLADYS YANG (MY TEL NO. 344) CHANG TAI-MIN RIPOSTED WITH AN

ENQUIRY ABOUT THE CONFRONTATION PRISONERS IN HONG KONG, HE HOPED THEY WOULD BE SET FREE AS SOON AS POSSIBLE.

2. I SAID THAT MR CHANG WAS AWARE OF THE CIRCUMSTANCES IN WHICH THE PRISONERS HAD BEEN ARRESTED IN 1967.

THEIR CASES

|| THAT RESPECT

WERE NOT MERELY UNDER INVESTIGATION COLON THEY HAD

BEEN TRIED AND SENTENCED BY A COURT OF LAW. THEIR SITUATION WAS DIFFERENT FROM THAT OF THE THREE BRITISH SUBJECTS DETAINED IN CHINA WHOSES CASES HE HAD WERE STILL REING INVESTIGATED.

JUST TOLD ME MORFOVER THESE PERSONS IN

HONG KONG HAD BEEN ARRESTED NOT FOR TAKING PART IN DEMONSTRATIONS OR FOR POLITICAL ACTIVITIES, BUT FOR CRIMINAL OFFENCES, SUCH AS PLANTING BOMBS WHICH, HAD THEY EXPLODED, COULD HAVE KILLED INNOCENT PEOPLE. HERE WAS ANOTHER

RESPECT IN WHICH THE SITUATION OF THE PRISONERS IN HONG KONG WAS DIFFERENT FROM THAT OF THE THREE DETAINED IN PEKING.

3. I SAID THAT THE PRISON TERMS OF THOSE NOW HELD VARIED IN LENGTH. UNDER HONG KONG LAW THERE WAS PROVISION FOR A REGULAR SERIES OF REVIEWS OF THEIR CASES, THE REVIEW BOARD

COULD RECOMMEND THAT PRISONERS PE RELEASED PEFORE THE END

OF THEIR SENTENCE. THE REVIEW PROCESS NATURALLY OPERATED IN

CONFIDENTIAL

/THE CASE OF THOSE

CONFIDENTIAL

THE CASE OF THOSE IMPRISONED FOR OFFENCES COMMITTED DURING

THE 1967 TROUBLES AS WELL AS FOR OTHER PRISONEPS.

A NUMBER OF THESE PRISONERS HAD ALREADY BEEN RELEASED REFORE THE END OF THEIR SENTENCE UNDER THIS PROCEDURE. WE HAD NOTIFIED IMPENDING RELEASES TO THE MINISTRY OF FOREIGN AFFAIRS, THE LAST OCCASION BEING LAST JANUARY, THE REVIEW PROCESS WOULD CONTINUE IN OPERATION AND THE BOARD WOULD MEET FROM TIME TO TIME TO CONSIDER THE REMAINING CASES.

4. CHANG REPLIED RATHER LA'FLY THAT ON THE QUESTION OF CHARGES AND SENTENCES OF THE OPPRESSED PERSONS IN HONG KONG THE CHINESE AUTHORITIES HAD A DIFFERENT VIEWPOINT, BUT HE HAD NO WISH TO DISCUSS THE MATTER THIS MORNING. HE WISHED ONLY TO SAY THAT HE HOPED THEY WOULD SOON BE SET FREE. 1 UNDERTOOK TO REPORT WHAT HE SAID.

ADDIS

FILES F.E.D.

S.E.A.D.

CONSULAR DEPT: NEWS DEPT:

HONG KONG DEPT: MR WILFORD

[REPEATED AS REQUESTED]

-2- CONFIDENTIAL

CONFIDENTIAL

1,572

MR. Eyang (FED)

S.J. Yen day

Mi Davidy за Спалнотомі R.C.14

Elnie..

Mr. Royle has seen Hong Kong telegram to Peking No. 26 about Confrontation Prisoners. He has commented on paragraph 4 on the line Mr. Addis should take if the Chinese Government raise the matter of Confrontation Prisoners:-" I am certain this is right".

R.E.

12/4

Copied to:

Sir Leslie Monson Mr. Wilford

Mr. Laird

CONFIDENTIAL

Mord for!

Marl

M.F. Forrester 18 April, 1972

Y Morgan Esq PEKING

CONFIDENTIAL COVERING BECRET

930 8440

PEI 14/1

19 April 1972

MONSON'S VISIT TO HONG KONG

As we said in FCO telegram No 252, Leslie MonsoN is now visiting Hong Kong. I now enclose copies of the briefs we prepared for him on Confrontation Prisoners, Chinese Representation in Hong Kong and Hong Kong/China

Commmicatious.

2. As the briefs were personal in character, I should be grateful if you would destroy your copies when they have been seen by all concerned in the Embassy,

EM Evans

Far Eastern Department

CONFIDENTIAL COVERING SPORET

Regy (36

PRIORITY CYPHER/CAT A

FM FCO 1710352

CONFIDENTIAL

RE FIVED IN

N-50

FEB 1411

до

TO PRIORITY PEKING TELNO 252 OF 17/4 INFO HONG KONG (PERSONAL

FOR GOVERNOR). +27

(FED)

YOUR TELS NO 239 AND 21 TO HONG KONG CONFRONTATION PRISONERS 1. WE HAVE BRIEFED SIR LESLIE MONSON, WHO WILL BE VISITING HỌNG KONG FROM 14 APRIL TO 22 APRIL, ON THIS SUBJECT. INTER ALIA, WE HAVE SUGGESTED THAT HE MIGHT ASK THE GOVERNOR WHETHER HE THINKS

THAT IT WOULD NOW BE WORTH TRYING TO STRIKE A BARGAIN WITH THE

CHINESE OF THE KIND YOU HAVE SUGGESTED. IN THE CHANGED SITUATION

CREATED BY THE AGREEMENT TO EXCHANGE AMBASSADORS, AND BY CHANG WEN-CHIN'S MENTION OF THE SUBJECT TO YOU, OUR OWN VIEW IS THAT THERE MIGHT BE ADVANTAGE IN YOUR MAKING DISCREET SOUNDINGS IN

PEKING.

2. WHATEVER THE GOVERNOR'S VIEWS ABOUT THIS, WE NEED TO DECIDE WHETHER YOU SHOULD NOTIFY THE CHINESE ABOUT THE RELEASE OF

CHAN CHIN-FONG ON 12 MAY (HOWELLS'S LETTER TO DAVIES OF 23 MARCH, COPIED TO SAMUEL). DO YOU STICK TO THE VIEW YOU EXPRESSED IN YOUR LETTER TO WILFORD (1/7) OF 8 FEBRUARY: JE THAT THE BALANCE OF ADVANTAGE LIES IN STOPPING NOTIFICATIONS? OUR OWN MOST RECENT

VIEW WAS GIVEN IN WILFORD'S LETTER TO MADDOCKS OF 18 FEBRUARY, 3. CHINESE REPRESENTATION AND A POSSIBLE BARGAIN ON CONFRONTATION PRISONERS ARE BOTH VERY SENSITIVE SUBJECTS AND WE ARE RESTRICTING HERE DISTRIBUTION OF TELEGRAMS ABOUT THEM. SUBJECT TO THE GOVERNOR'S VIEW YOU MAY THINK IT WISE TO PREFACE ANY TELEGRAMS GOING TO

HONG KONG **PERSONAL FOR GOVERNOR'' LEST ANY SHOULD RECEIVE AN

AUTOMATIC WIDER THAN NEED TO KNOW

DOUGLAS-HOME

FILES

DISTRIBUTION.

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100

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川

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SIR L MONSON

CONFIDENTIAI.

PRIORITY

CYPHER/CAT A

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RECEIVED IN

REGISTRY No. 52

TOP COPY

17 APR 1972

F HONG KONG 1707102

кон

CONFIDENTIAL

TO PRIORITY PEKING TELNO 26 OF 17 APRIL INFO FCO.

YOUR TELNO 21 TO ME: CONFRONTATION PRISONERS.

YOUR TEL COINCIDED WITH MEETING OF BOARD WHICH WILL RESULT IN 7 ADDITIONAL RELEASES BETWEEN NOW AND APRIL 1973 (WHICH WILL MAKE 11 RELEASES IN ALL BETWEEN NOW AND THEN). DETAILS TO FCO AND YOU

BY BAG.

2. IF, AS IS POSSIBLE, ATTORNEY GENERAL IS EQUALLY SUCCESSFUL AT JUNE MEETING WE SHOULD HAVE ONLY ABOUT 6 LEFT BY NEXT SPRING.

3. WE HAVE ALWAYS REGARDED OFFER TO DEPORT AS COUNTER-TACTIC TO ANY STRONG CHINESE PRESSURE TO RELEASE RATHER THAN AS SOMETHING LIKELY TO APPEAL TO CPG BECAUSE IN THE PAST THEY HAVE IGNORED OR REJECTED SUCH OFFERS THREE TIMES. LOCAL COMMUNISTS WOULD REGARD CPG ACCEPTANCE OF DEPORTATION AS LET-DOWN, CONSEQUENTLY I FEAR SOUNDINGS PROPOSED MORE LIKELY TO REVIVE ISSUE THROUGH ARGUMENT THAN TO SOLVE IT. MOREOVER I SEE NO OBJECT IN RUNNING SUCH A RISK SO LONG AS TEMPERATURE IS LOW AND PRESSURE IS OFF AS NOW AND STEADY FLOW OF RELEASES IS IN PROSPECT. IF PRESSURE ROSE AGAIN

WE COULD RECONSIDER.

4. FOREGOING IS FOR BACKGROUND. SUBJECT TO VIEWS OF FCO I WOULD PREFER TO RECONSIDER FUTURE TACTICS AFTER JUNE MEETING. MEANWHILE IF CPG REVERT TO THIS I SUGGEST YOU MIGHT REPLY THAT THEY MUST SEE HOW THE PROBLEM IS BEING STEADILY REDUCED AND ADD OR IMPLY THAT TO CARP IN THESE CIRCUMSTANCES WOULD BE TO MAKE UNNECESSARY AND

UNJUSTIFIABLE DIFFICULTIES.

MACLEHOSE

/REPEATED AS REQUESTED/

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CONFIDENTIAL

REGISTRY No. 52

17 APR:972

For 14/1

TOP COF

TO PRIORITY FCO TELEGRAM MO 315 OF 15 APRIL INFO ROUTINE HONG KONG, WASHINGTON, UKMIS NEW YORK, MOSCOW, ISLAMABAD, DELHI, TOKYO

CANBERRA AND PARIS.

MIPT.

CONFRONTATION PRISONERS IN HONG KONG,

1. VICE MINISTER FOR FOREIGN AFFAIRS, CH'IAO KUAN-HUA RAISED

THIS QUESTION WITH WINSTON CHURCHILL. HE SAID THAT WHENEVER

THE CHINESE GOVERNMENT ASKED ABOUT THE PRISONERS THEY WERE TOLD

THAT THEY HAD BEEN SENTENCED BY THE COURTS AND THAT IT WAS

IMPOSSIBLE TO INTERFERE WITH THE LEGAL PROCESSES. THIS WAS THE

SAME ARGUMENT OF LEGALITY THAT HAD PEEN RAISED OVER THE STATUS

OF TAIWAN. WHY COULD WE NOT GET OVER THE LEGAL DIFFICULTIES.

IN THIS OTHER CASE TOO?.

ADDIS

[REPEATED AS REQUESTED] [COPIES SENT TO NO 10 DOWNING ST]

DEPARTMENTAL DISTRIBUTION

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126

Mr Wilford

Mi Logan.

Agreed. AR.

Feli

CONFRONTATION PRISONERS IN HONG KONG

132

18.4.77

The Gangon (HK)

then Enlarge.

1. You told me yesterday that you would like to write to Mr Addis on this subject, letting him know about the line which we had suggested Sir Leslie Monson might take with the Governor and asking him to mark telegrams addressed or repeated to Hong Kong about a possible bargain with the Chinese over deportation "Personal for Governor". You asked me to draft.

2. As the next confidential bag to Peking does not leave until Wednesday, 19 April, and as we need in any case to consult Mr Addis about notification (see paragraph 3 below), I have drafted a telegram instead. This I now submit. As you will see, it outlines a tentative view about the possibility of trying to strike a bargain with the Chinese over deportation.

3. On notification, the position is that we need to decide (in consultation with Mr Addis) whether the Chinese should be notified about the release of the next confrontation prisoner on 12 May (Mr Howells's letter to Mr Davies of 23 March). Our own most recent view was given in your letter to

Mr Maddocks of 18 February. Since then, however, we have reached agreement with the Chinese over the exchange of Ambassadors and Chang Wen-chin has broached the subject of confrontation prisoners with Mr Addis (Peking tel No 239). In these circumstances, I think we need to consult Mr Addis before making up our own minds.

4. Hong Kong Department concur in the terms of the draft telegram.

5. I shall in any case submit a draft letter from you to Mr Addis. This will cover copies of our briefs for Sir Leslie Monson and say something about our handling of telegrams dealing with Chinese representation in Hong Kong.

13 April 1972

रिल Rim. Evans

R M Evans

Far Eastern Department

When the Chinare turned to the idea of

accepting confrontation prisoners

Sir Leslie Monson

Mr Laird Mr Hervey

кру на комму

of them, bee are

there

11/4

CONFIDENTIAL

Down to

very

muca

smalle

aww bert

adh

Janne for

wwwbar of years

ન

yet.

I'm there

air constances

The Chinese may

Finall

member -but each

prismar

will

withy to accept

Tore offered

the option of staying in prison

kill

Story

gong to Chic

Kl relevesex

よ contence is up. Sme, trenspect, may pre for tho

in prison.

2. The

The important thing is to leave the timing of

in Sin M. Machehood's hands

He home this very

any nove

proposition.

belegvan

not war

a aptorsporiate

-M: Addi

will put forward

his elbow.

jrgg's

3. Unless M: Royle

attached

seas dejectin

I would like the

to be despatched.

14! 14

CONFRONTATION

PRISONER Reference

54F

IN FEH 14/1 32

1874

на стуко

agree

with the attacked draft submission

regards

the draft lecar to Maddocks,

M: Heigey.

es.19.

groin

the Limitations within which we are working,

I authore

the line prposed in paragraphe I

as ford as away.

the won't day.

3. As

regardo

Bust

Care

merely putting on

the draft brief for Sai L. Monson, have suggested Minative parcs 546.

The Chinese are making much in

argument of the wimprovements

their

relations leading

to an exchange of Ambassadas etc.

do not see why

Lave

should not were as

auch

of the same arguments by offering to reheave

ཆ།"

all the remaining pusoners together pariond

that the Chinese agreed

thei'r

deportation vitó

China

to ensure

that they

did not return to Hong Kong. I think it is

pount which Sir L. Monson Роств

worth suggesting

to the Games.

might conicor

ANE

[overleed]

I agree

6.4.72.

It would be meash better if we aud

The wendy get rid of the frothan finnelly

as Mr. Gaminma

DD 196437

глуздий DA.

100 GM 3641 2

По наход

agree

thrak "release to China" should be seriously

considered. Its a bony deal about thin

shoot. perhaps we could make a parlage

да

ted in

with the Chimere wish to establish

a representative in Hong Kong.

мо

Eyrna.

Доврами

2014

Thank-you.

I have dratied

a teem of enquiry to Peking and have submitted is to th: Wilford.

R.E.

12/4

CONFIDENTIAL

With the Compliments of the FIVED IN

REG. TRY N 00

; Political Adviser 12 APK 19/2

Hong Kong

141

SCR 7/3371/68 II

CONFIDENTIAL

до

J M Addis Esq CMG PEKING

6 April, 1972

Mi Laird мене

нето

yیلاتا

hir darily

A usethe exercise in educat

переехат

"DETAINEES" IN HONG KONG

and correction.

1714

に Knici.

In your telegram No. 239 to the FCO of 28 March

R.E.

you used the word "detainees". We use this word to indicate persons held without trial under the Emergency Regulations and never to describe the convicted criminals in Stanley Prison. The current legal description of the latter is "criminals", but ve recognise that it is necessary to have some general description of those criminals who committed their crimes as part of the 1967 communist confrontation with the Hong Kong Government and ve have therefore accustomed ourselves to the use of the phrase "confrontation prisoners" which was of course the title of your telegram under reference,

174.

The "detainees" were mainly persons who committed offenses during the 1967 confrontation but could not be brought to trial because we could not produce evidence likely to satisfy a court. The main reason for the inadequacy of the evidence was our unwillingness to risk compromising our sources. The "detainees" were held not by the Prisons Department but by the Hong Kong Police in a special detention centre which had not originally been designed for that purpose, Their conditions of detention vere in some respects vorge (e.g. facilities for exercise and recreation) and in some respects better (e.g. Food and clothing) than those in the prisons. They were held on warrants signed by the Colonial Secretary.

/contd..

CONFIDENTIAL

[

CONFIDENTIAL

Each warrant specified the period of detention (which could not exceed one year) but the Colonial Secretary had power to

release a detainee before that period had expired. He also

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.

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.

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.

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)

CONFIDENTIAL

Mr Evans

Mr Wilford

Sir L Monson

*O IN

CONFRONTATION PRISONERS

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.

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

attached

Hong Kong Department concur.

12 April 1972

cc:

Mr Laird

Defyover

R BR Hervey

Far Eastern Department

CONFIDENTIAL

CYPHER CAT A

TOP

CONFIDENTIAL

ว

FM PEKING 115820Z

CONFIDENTIAL

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/

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K1 1411

Brief No 10

SIR L MONSON'S VISIT TO HONG KONG, APRIL 1972

CONFRONTATION FRISONERS

BACKGROUND

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

his departure is to work for a solution of this problem in the course

of 1972 based on:

CONFIDENTIAL

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

(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.

LINE TO TAKE

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

CONFIDENTIAL

/if Bir Leslie

CONFIDENTIAL

if Sir Leslie Monson could now ask the Governor what prospects he sees of further accelerated releases this year.

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

CONFIDENTIAL

FRIORITY

CYPHER/CAT A

FM HONG KONG 283955Z

CONFIDENTIAL

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

CONFIDENTIAL

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14/3

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FM PEKING 262215Z.

CONFIDENTIAL.

ASE CONT

PRIORITY FCO TELEGRAM NO. 230 OF 29 MARCH 1"FO HONG

KONG AND WASHINGTON

CONFRONTATION PRISONERS,

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.

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NORTH AMERICAN DEPT:

NEWS DEPT:

GIPD

RESEARCH DEPT(F.E.SECTION)

(AMERICAN SECTION)

CONFIDENTIAL

CS. 41A

2600077

20,000-|0771-894067

CONFIDENTIAL

SCR 7/3371/68 II

H L1 Davies Esq

FED

F CO

RITAYO IN

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.

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.

Часто

Chris

RC Samuel Esq PEKING

(C J Howells)

CONFIDENTIAL

Er Tixford

CONFIDENTIAL

RECEIVED IN REGISTRY No. 50 16 MAR 1972

enter

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

Mr Laird

SALMum

J A L Kerjan

Far Eastern Department

I have kept to aver for myrom file

Thank

you.

له

167

CONFIDENTIAL

RECEIVED IN

STRY No.50

14 MAR 1972

FEH 14/1

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

CHAN Sang-cheung

29863

15.8.74

CHAN Yik

28489

8+4 concurrent

3.2.73

Expected Releases

CHAN Yuk-va

28754

10+10 concurrent

4.7.74

1972

CHENG Yat-choi

28669

17.3.73

1973

CHU Wing-chuen

28998

Life

1974

IP Sing

29884

9+9+5+9+9 concurrent

11.1.74

1975

IP Tat-shing

28999

10+5+Life+life concurrent

1976

LAI Ivong

28329

5+8 concurrent (reduced to 7)

14.4.72

Life

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

6.4.73

14.

MOX Siu-kui

29736

14.12.75

15.

SZETŐ Foon

29281

7.4.73

16.

TAM Fat (alias WONG Yau)

28707

10+5 concurrent

24.6.74

17.

TO Min

28906

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

FC01

FEXING

Hon A G

9+9+5+5 concurrent

CONFIDENTIAL

Kai !!!!

AP Yaddocks Isq НОМ КОНО

CONFIDENTIAL

Desp). ( 21|2.

18 February 1972.

2.2

CONFRONTATION PRISONERS

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

CONFIDENTIAL

1/7

CONFIDENTIAL

FEST

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.

(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.

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

CONFIDENTI AL

CONFIDENTIAL

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

served.

served--

served

release

years

1971

10-5

1970

+++

8-6

1969

8.8

1968

8.9

1967

7-9

1966

8.8

1965

1964

1963

1962

1961

8.6 7.7

* Released after 6 months.

队

copy

A16/2

хим

M. More i5-

Miband EU

in Gafi ve

Work copying KM: Madocks?

تجھے

Vol 830 N: 57

Cd 465 (written answers) Friday 11 Feb. 1972.

Miss Kaffy Mr Savet

CONFIDENTIAL

Mr Wilford

CONFRONTATION PRISONERS

Flag A

Flag B

Mr Addis' letter of 8 February crossed with

your letter to Mr Maddocks of 15 February.

2. I submit a draft letter.

agree.

Hong Kong Department

FCH

SALMagen

J AL Morgan

Far Eastern Department

7/2

Mv/

17 February 1972

Cc: Mr Laird (HKD)

CONFIDENTIAL

Reference.

CONFIDENTIAL

Mu Davies.

Om balance !

prefer

the lime suggested

in para a

have propoare

of Xpe Addis' letto to that whin

in M" Wiford's letter to Mr Maderers.

The

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

para 3 of MV Adair' better,

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.

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~

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.

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

R CIVED IN

REGISTRY No. 52

- . FEB:972

CONFIDENTIAL

FEH 14/1

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.

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

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 series of releases (no grand gesture);

b. an offer to the Chinese to deport the hand 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. 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

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.

CONFIDENTIAL

CYPHER/CAT A

SECRET

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.

(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

SECRET

CONFIDENTIAL

enter the 20

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

(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

(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.

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

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

K M Wilford Esq CMG

AUSS

FCO

Dear Michael

"CONFRONTATION PRISONERS"

이

17 January, 1972

101 M2 Mag (FED)

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.

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.

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

(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)

RC Samuel Esq Peking

CONFIDENTIAL

SECRET

CYPHER CAT A

FM PEKING 220536Z

SECRET

TO IMMEDIATE PERSONAL FOR GOVERNOR HONG KONG TELEGRAM NO. 2 OF 22 JANUARY INFO F C O PERSONAL FOR SIR LESLIE PONSON.

FOLLOWING FOR GOVERNOR ONLY.

CONFRONTATION PRISONERS.

1. I AM MOST GRATEFUL FOR THIS CPPORTUNITY TO COMMENT OM WHAT

1 IMAGINE YOU I REALISE IS A PECULIARLY DIFFICULT PROBLEM. HAVE ALREADY DISCUSSED IT WITH JOHN ADDIS, BUT IF 1 MAY SAY SO I VERY MUCH AGREE WITH YOUR ANALYSIS, PARTICULARLY THE CONCLUSION IN THE LAST SENTENCE ON PAGE 5 OF YOUR LETTER.

2. ON THE FACE OF IT HO LOOKS A POOR CANDIDATE FOR **MARTYDOM**, NOT LEAST IN VIEW OF HIS BEHAVIOUR IN CHINA, TO WHICH PUBLICITY COULD DOUBTLESS BE GIVEN IF NECESSARY.

I DON'T SEE THE CHINESE VIEWING THE PROSPECT OF COMFORT MISSIONS EXTENDING OVER 27 YEARS OR SO WITH ANY ENTHUSIASM.

THEY WOULD,

I THINK, USE HIS CASE AGAINST US ONLY IF RELATIONS HAD DETERIORATED IN OTHER RESPECTS. ANY STICK WOULD THEN BE GOOD ENOUGH

TO BEAT US WITH AND HO'S IMPRISONMENT WOULD NOT BE MATERIAL

IN ITSELF.

SECRET

13. ON

SECRET

THEY WOULD MOST PROBABLY

ON THE OTHER HAND I FEEL SURE THAT EXECUTION WOULD

! DOUBT IF THEY COULD BE GOT STRIKE PEKING AS PROVOCATIVE.

AND 1 TOO CAN TO UNDERSTAND THE COMPLICATED BACKGROUND SCARCELY SEE THEM STANDING ASIDE. REGARD THE DEATH SENTENCE AS A PERPLEXING AND PROVOCATIVE REVERSAL OF THE RECENT IMPROVEMENT IN SEVERAL OTHER FIELDS. THERE MIGHT WELL BE REPERCUSSIONS FOR HONG KONG AS WELL. IF IT IS POSSIBLE FOR YOU TO MAKE THE POLITICAL CASE FOR COMMUTATION WITHOUT TOO GREAT EMBARRASSMENT VERY MUCH HOPE YOU WILL.

SAMUEL

FILES

FED

HKD

FS/MR ROYLE

PUS

SIR L MONSON

SIR S TOMLINSON MR WILFORD

FFFFF

SECRET

1/2

A F Maddocks Esq Political Adviser Hong Kong

CONFIDENTIAL

OFFICE OF THE BRITISH

CHARGE D'AFFAIRES

PEKING

10 January 1972

FE DAF SM

کرانا

157

CONFRONTATION PRISONERS

1. Thank you for sending me a copy of your SCR 7/337/68 11 of 28 December to Michael Wilford. As you can imagine, I was glad to hear that there are to be some more releases,

2. I also agree that staggering them would have presentational advantages with the Chinese, No doubt you will be discussing this with John Addis, as well as the problem of the "hard core".

Copied to:

KK wilford Esq CMG

AUSS

FCO

CONFIDENTIAL

RC Samuel

ISLARYN, S

TRYEZ

TOP COPY

CYPHER/CAT A

FEH 14/1

FM PEKING 143840Z

CONFIDENTIAL

TO ROUTINE FCO TELNO 27 OF 14 JANUARY.

AND INFO TO HONG KONG.

HONG KONG TELNO 25 TO FCO.

CONFRONTATION PRISONERS.

LETTER ON LINES AGREED SENT TO CHIANG ON 14 JANUARY.

MARCH

FILES

FED

NEWS D

HKD

PUSD

IRD

RESEARCH D (F E SEC)

SIR S TOMLINSON

MR WILFORD

[REPEATED AS REQUESTED]

CONFIDENTIAL

IKNEDIATE

CYPHER/CAT A

R! Men

RIS.

.30

CONFIDENTIAL

FM HONG KONG 133933Z

CONFIDENTIAL

TO INMEDIATE FCO TELNO 25 OF 13 JANUARY INFO PEKING.

YOUR TELHO 24 TO ME AND PEKING TELNO 23 TO YOU: CONFRONTATION

PRISONERS.

I THINK IT NECESSARY TO GIVE THE PRESS HERE THE SAME INFORMATION

THAT WE GIVE THE CHINESE GOVERNMENT BUT NOT NECESSARILY ON THE

SAME DAY. WE WILL THEREFORE INFORM THE PRESS ON 18 JANUARY OF

THE FIRST THREE RELEASES TO BE MADE.

2. I AGREE TO THE CHINESE BEING INFORMED IN THE WAY PROPOSED ON THIS OCCASION. BUT SUGGEST THE TIME HAS COME TO CONSIDER WHAT WE

ARE LIKELY TO GAIN OR LOSE FROM THIS PROCEDURE IN FUTURE, HAVING REGARD TO THE FACT THAT WE ARE BEGINNING TO REACH THE END OF THOSE WHOSE SENTENCES CAN BE REDUCED. LETTER FOLLOWS.

FCO PASS COPY TO HONG KONG GOVERNMENT OFFICE LONDON.

MACLEHOSE

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TO PRIORITY FCO TEL NO 20 OF 12 JANUARY AND INFO TO HONG KONG.

YOUR TELMO 24

COMFRONTATION PRISONERS.

I AGREE. I HAVE WRITTEN AND SIGNED A LETTER TO CHANG WEN-CHIN IN THE USUAL WAY ABOUT THE FIRST THREE RELEASES.

IT CAN BE DATED AND DESPATCHED IN MY ABSENCE AS SOON AS WE QHEAR THAT HONG KONG AGREE, IF THIS DOES NOT COME THROUGH BEFORE I LEAVE TOMORROW MORNING.

SAMUEL

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TO PRIORITY HONG KONG TELEGRAM NO. 24 OF 11 JANUARY INFO PEKING.

MADDOCKS LETTER TO WILFORD SCR/3371/68 11 OF 28 DECEMBER: CONFRONTATION PRISONERS,

1. THIS IS VERY WELCOME NEWS.

2. AS TO TIMING (PARA 5) WE AGREE WITH THE PROPOSALS FOR INFORMING THE PRESS. HOWEVER WE SEE ADVANTAGE IN GIVING THE CHINESE MORE THAN ONE NAME AT A TIME. IN THE PAST THEIR RESPONSE HAS BEEN TO SAY THAT, ALTHOUGH NEWS OF RELEASES WAS WELCOME, THE HUMBERS INVOLVED WERE TOO FEW. THE PROCEDURE WE USED LAST YEAR TO SOME EXTENT AVOIDS THIS. PROVIDED YOU AND PEKING AGREE, THEREFORE, WE WOULD PREFER SAMUEL TO SEND A LETTER TO CHANG WEN-CHIN ON THE USUAL LINES

BEFORE 19 JANUARY INFORMING HIM OF THE FIRST THREE RELEASES. A FURTHER COMMUNICATION TO COVER THE NEXT THREE COULD BE SENT IN MAY. SINCE SAMUEL WILL BE ABSENT FROM PEKING BETWEEN 13 AND 18 JANUARY IT MIGHT BE BETTER TO GIVE THE CHINESE THE NEWS BEFORE HIS

DEPARTURE.

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RELEASES OF CONFRONTATION PRISONERS

1. Mr Wilford asked the Department for action on paragraph

5 of Mr Haddocks' letter of 28 December.

I think that it would be better to give the Chinese more

than a single name at a time. At his meeting on 5 January

Sir S Tomlinson also took this view. That Mr Maddocks suggests

would involve us in repeated communications on a subject which

we prefer to play in as low a key as possible. Moreover it

would give the Chinese repeated openings to complain that each

new release was an insufficient step.

After the Board of Review's recommendations in June last

year, Hr Denson wrote to the Head of West European and North

American Department of the Chinese LFA Mr Chang Wen-chin giving

him news of the first 8 releases recommended, although the

releases were spread over a period. A further letter was sent

in September giving the names of a further 5 prisoners to be

released, although the decision to release these stemmed from

the same June meeting of the Board of Review. I see advantage

in following the same procedure again.

I submit a draft telegram.

Hong Kong Department concur.

2.4. Corso

RB Crowson

7 January 1972 ce HKD

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1. Far Eastern Department have asked for our views on the attached three drafts.

2. I have no comments to make on the draft submission or on the draft telegram. However, I am very doubtful about the wisdom of writing to Sir Murray MacLehose on the lines proposed in the attached draft letter.

3. I feel sure that an approach to the Governor on these lines,at the present time, would be bad psychology. It has already been made quite clear in the guidelines prepared for Sir Murray when he assumed office (and these guidelines were drafted by Sir Murray himself) that he would keep under continual review the possibility of releasing more confrontation prisoners We have just received an unexpected bonus in the shape of six further releases mentioned in Mr Maddocks' letter attached: I do not think that now is the time to emulate Oliver Twist and ask for more. Sir Murray is well aware of FCO anxiety to see as many of these prisoners released as soon as possible and he will, I am sure, keep the matter constantly in mind. loc do not want to flog a willing horse.

4. If however FED do not wish to let the matter rest at all, then I suggest that in the brief which they will no doubt be preparing on relations with Chine in connection with the Secretary of State's visit to Hong Kong, they include a reference to this matter with a recommendation that the Secretary of State should mentioned it to the Governor in the course of any private discussions that they may have during the visit.

The Crowston,

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A W Gaminara Hong Kong Dept

6 January 1972.

Please see Hong Kong Depts views above. I have pencilled in an additional paragraph to the graft Submission, in case you wish to have the decision to The Wilford,

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A F Maddocks Esq Colonial Secretariat Hong Kong.

4 January 1972.

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Your letter of 28 December (SCR 7/3371/68 II) about confrontation prisoners reached me just as I was departing from the Office for a few days leave. This is just to say how very glad I am that this further move is possible. I shall be asking the Department to answer your paragraph 5. right to me.

Your proposals look all

c.o. R C Samuel Esq

Peking.

KN Wilford