HK man in test case
A HONG KONG man imprisoned in a Thai jail for drug smuggling has become the first foreigner to be released on probation under a new experiment.
The man, whose name has been withheld, will be a test case for the Thai Government and could form the basis of new procedures allowing the early release of some foreign nationals from Thailand's jails.
The news emerged on the day that three more Hong Kong prisoners held in Thai jails were returned to the territory to serve the rest of their sentences here under a bilateral agreement on prisoner transfers.
A British Embassy spokesman in Bangkok confirmed that the man was granted probation because he provided a guarantor acceptable to the Thai Government.
Previously, foreign nationals jailed in Thailand for drug smuggling would be unable to produce a suitable guarantor as most would not have been in the country long enough.
The Hong Kong man, who is responsible to the guarantor, must report to local police at regular intervals as well as live in the country until the end of his jail sentence.
Bangkok's British Embassy spokesman said: 'This is the first foreign national to be granted probation and this is a test case. We received confirmation of the release but have nothing in writing about the conditions.
'I would hope it is a positive sign for foreign nationals in Thai prisons but it is too early to tell,' she said.
An officer in the Hong Kong Government's Security Branch dealing with the issue, Tony Fung Kai-Ming, welcomed the release and said: 'The case will have implications for Hong Kong and all other foreign prisoners in Thailand.' Mr Fung, who is also involved with the prisoner transfer programme, said local Thai prisoners could apply for parole by supplying a guarantor but this was a 'technical problem' that had to be dealt with regarding foreign prisoners.
He said: 'It created some problems as they didn't know anybody but now we have these new developments.' Three more prisoners were transferred from Thailand to Hong Kong yesterday but the Government is fearful that the UK/Thailand agreement allowing for the transfer of prisoners, will be in jeopardy after 1997.
Yesterday's transfer brings the number of prisoners returned to Hong Kong from Thailand to 18 for the year, with an overall total of 112. The Security Branch said it expected another 11 to return by the end of the year.
The agreement, established in February 1991, was arrived at because the largest proportion of Hong Kong people in foreign jails are in Thailand - usually for drug smuggling.
But Mr Fung said: 'The agreement is not applicable to Hong Kong nationals after 1997 so we have to discuss with China ways to solve the problem.' Mr Fung said discussions with the mainland were in the preliminary stage.
