THE UNIVERSITY OF HULL Colonial Penality: A Case Study of Hong Kong’s Penal Policy and Programmes under British Administration (1945-1997) being a Thesis submitted for the Degree of PhD in Criminology in the University of Hull by Samson Chan, MA (Leicester) April 2012 Colonial Penality: A Case Study of Hong Kong’s Penal Policy and Programmes under British Administration (1945-1997) Abstract: Penal policies and programmes for the control and management of offenders have always been essential in maintaining law and order in the colonial setting. Hong Kong, being one of the few remaining British crown colonies in the twentieth century, is used as an example in this thesis to illustrate how colonial penality was developed after the Second World War. Penal policies and programmes in Hong Kong divorced gradually from the British practices after the Second World War and ended with significant differences in 1997 when Hong Kong was handed back to China. This thesis explores in detail how penal policies and programmes were developed in Hong Kong from 1945 to 1997. Roles of the British administrators in London and Hong Kong, local elites and the community at large in the policy making process are studied and suggestions given to explain why Hong Kong only transported certain penal policies and programmes from England after the War. The differences in timing for the implementation of these adopted policies as well as penal policies and programmes which were developed entirely locally are examined. This former British colony is claimed to be one the safest cities in Asia. Penal policies and programmes in Hong Kong are used to explain how they contributed towards the maintenance of law and order in Hong Kong and their relationship with the interwoven political, social, cultural and economical factors and social institutions which helped transforming Hong Kong into a world class city whilst under the British administration. This case study of colonial penality in post-War penal policy and programme development in Hong Kong would provide insights and contributions in the fields of historical and comparative penology. Samson Chan April 2012 Colonial Penality: A Case Study of Hong Kong’s Penal Policy and Programmes under British Administration (1945-1997) Table of Contents Table of Contents / Appendices p. i - vi Acknowledgements p. vii - viii Preface p. ix – xii Introduction p. 1 - 27 Part I Penal System in Hong Kong Chapter One p. 28 - 49 Hong Kong Penal Policies and Programmes Prior to 1945 1.1 Introduction 1.2 The Birth of the Prison in Hong Kong 1.3 Hong Kong’s Penal Policy and Practices in the 1930s 1.4 Hong Kong Prison under Japanese Administration 1.5 Conclusion Chapter Two p. 50 - 88 Post War Developments of the Prisons / Correctional Services Department 2.1 Introduction 2.2 From Military Administration to the Prisons Department i 2.3 Prisons from 1946 to 1973 2.4 The 1973 Stanley Prison Riot and the Subsequent Changes 2.5 From Prisons to Correctional Services Department 2.6 The Vietnamese Saga 2.7 The Illegal Immigrants 2.8 Conclusion Chapter Three p. 89 - 125 Management of Young Offenders after the War 3.1 Introduction 3.2 The Stanley Reformatory 3.3 The Training Centres 3.4 The Detention Centres 3.5 The Young Prisoners 3.6 Half-way Houses for Young Offenders 3.7 Young Offender Assessment Panel 3.8 Conclusion Chapter Four p. 126-155 Management of Adult Offenders after the War 4.1 Introduction 4.2 The Japanese War Criminals 4.3 Adult Prisoners after the War 4.4 The Drug Addiction Treatment Centre Programme 4.5 The Release under Supervision Scheme ii 4.6 The Post Release Supervision Scheme 4.7 Conclusion Chapter Five p. 156-190 Death Sentence, Execution and Life Imprisonment 5.1 Introduction 5.2 Executions in Hong Kong prior to 1941 5.3 Executions in Hong Kong after the War 5.4 Commutation of Death Sentences and the Life Sentences 5.5 Debates on Executions in Hong Kong 5.6 Change of Sovereignty and the Death Sentence Debate 5.7 The Abolition of Death Sentence in Hong Kong 5.8 Conclusion Chapter Six p.191-231 Corporal Punishment in Hong Kong 6.1 Introduction 6.2 Corporal Punishment in Hong Kong prior to 1941 6.3 Corporal Punishment in Hong Kong after 1945 6.4 Corporal Punishment Policy in Post War Hong Kong 6.5 Conclusion Part II Penal Policy in Post War Hong Kong Chapter Seven p.232-270 The Colonial Office, the Parliament and Colonial Penality iii 7.1 Introduction 7.2 The Colonial Office and the Colonies 7.3 The Advisory Committees on Colonial Penal Matters 7.4 The Colonial Office and Hong Kong’s Penal Development (1939-1967) 7.5 Parliamentary Interests on Hong Kong’s Penal System 7.6 Conclusion Chapter Eight p.271-309 Penal Policy in Post-War Hong Kong (1945-1969) 8.1 Introduction 8.2 Political Scene of Hong Kong after the War 8.3 The Social, Cultural and Economic Scene in Hong Kong 8.4 Major Law and Order Issues in Hong Kong -Crimes in Hong Kong -The 1956, 1966 and 1967 Riots 8.5 Penal Policies in Hong Kong (1945-1969) 8.6 Conclusion Chapter Nine p.310-345 Balancing Security and Disciplinary Welfare (1970-1981) 9.1 Introduction 9.2 Hong Kong Society in the 1970s 9.3 Crime Wave in the 1970s 9.4 The Independent Commission Against Corruption (ICAC) 9.5 Penal Policy Initiatives in Hong Kong during the 1970s -Preventive Detention iv -Suspended Sentence in Hong Kong -Disciplinary Welfare and the Prisons Department 9.6 Conclusion Chapter Ten p.346-379 Penal Policy and the Change of Sovereignty (1982-1997) 10.1 Introduction 10.2 Hong Kong Society before the Handing Over of Sovereignty 10.3 Law and Order Situation before the Handing Over 10.4 Penal Policies in England (1982-1997) 10.5 Penal Policies, Human Rights and Related Issues in Hong Kong -Community Services Order – the New Approach in Penal Policy Legislation -The Hong Kong Bill of Rights -Last Minutes Legislation before the Handing Over – the Long Term Prison Sentences Review Mechanism 10.6 Benchmarking Hong Kong’s Penal Policy and System in 1997 10.7 Conclusion Conclusion p.380-393 Appendices p.394-428 Bibliography p.429-446 v Table of Appendix Appendix A: Penal Population / Imprisonment Rate and Staff Strength (1946-1997) Appendix B: The 1845 Regulations for the Government of Her Majesty’s Gaol on the Island of Hong Kong Appendix C: Framework Agreement made between Secretary for Security and Commissioner of Correctional Services and Programmes of Correctional Services Department (1993) Appendix D: Training Centre Admissions (1948–2000) Appendix E: Annual Success Rates for Correctional Services Department’s Young Offender Programmes (aged below 21) (1988-1999) Appendix F: Hong Kong Population Pyramids (1967, 1972, 1977 and 1982) Appendix G: Detention Centre Admissions (1972-2000) Appendix H: Drug Addiction Treatment Centre Admissions – by sex (1970-2000) Appendix I: List of Prisoners Executed in Hong Kong (1946-1966) Appendix J: Offenders Sentenced to Corporal Punishment in Hong Kong (1945-1990) Appendix K: Offences for which Corporal Punishment may be Awarded vi Acknowledgements Many people have contributed in one way or another in helping me to complete this thesis. My wife, Rita, is however the prime force in realising my dream of putting down the history of the Hong Kong penal system on record. Her encouragement and support had provided me with the necessary motivation to complete this task even at time when I was in doubt for ever being able to finish this thesis. I must mention Professor Carol Jones in the acknowledgements as she had inspired me to look for academic advancement in the area of penology. She had encouraged me to learn more on this subject as well as to contribute on what I have learnt to those working in the correction profession and academics interested in the penal history of Hong Kong. When I was thinking of taking up a full-time PhD programme shortly before my retirement, I have consulted Professor Jones for advice and she had promptly referred Professor Peter Young to me who had kindly agreed to be my PhD supervisor. Professor Young and Dr Helen Johnston, my PhD co-supervisor, have pointed out to me the proper direction of my research. I am forever grateful for their unfailing support, guidance and tolerance rendered to me throughout these years. In researching into the penal history of Hong Kong, I have received extremely helpful assistance from the Security Bureau; the Government Records Service and in particular the Correctional Services Department of the Hong Kong Government. vii These Government Bureau and Departments had given me the permission to review and referring to some of their records and documents in conducting my research. My special thanks also go to Ms Catherine Fell, librarian of the HM Prison Service Staff College, United Kingdom for locating the related Hong Kong papers from the College’s collection for my research. Finally, I must thank Ms Kirsty Norman for allowing me to refer to and quote her father, former Commissioner of Prisons Norman’s unpublished memoirs in my thesis. This thesis is of my own work and every effort has been made to ensure the correctness of information contained in this thesis. If there are mistakes in this thesis, the responsibility is entirely mine. viii Preface I started my career as a young Prison Officer with the then Prisons Department in Hong Kong in 1974. I worked in the Department for 32 years and retired from the Correctional Services Department in 2006 with the rank of Assistant Commissioner.