CONFIDENTIAL
50
QPS 550
INMEDIATE
CYPHER/CAT A
FM HONG KONG #41000Z
STRY
CONFIDENTIAL
TO IMMEDIATE FCO TELNO 489 OF 4 MAY. 1973
NICK
14/16
YOUR TELNO 432: DEATH SENTENCE.
47
62
I HAVE GIVEN FURTHER THOUGHT TO THE VALIDTY OF A PRESUMPTION THAT THE APPLICATION OF THE DEATH PENALTY HAS BEEN SUSPENDED.
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
3. IN THE CONFIDENCE OF EX. CO THE QUESTION OF AMENDING HONG KONG LAW TO CONFORM WITH THE UK LAW HAS BEEN DISCUSSED ON THREE OCCASIONS SINCE 1966 AND ON EACH REJECTED. THE ADVICE HAS ALWAYS BEEN THAT IT SHOULD BE RETAINED BUT ENFORCED VERY SPARINGLY AND ONLY IN CASES WHERE NO MITIGATING CIRCUMSTANCES COULD BE FOUND. IN GIVING THIS ADVICE THE EXECUTIVE COUNCIL HAD VERY MUCH IN MIND MURDER OF A POLICEMAN, A PRISON WARDER, OR MURDER IN THE COURSE OF ARMED ROBBERY OR KIDNAPPING.
4. A FURTHER POINT IS TO WHAT EXTENT HAS THE FACT THAT NO SUCH SENTENCES HAVE BEEN CARRIED OUT BEEN AN ACT OF POLICY AND THUS ENTITLED THE PUBLIC TO ASSUME CONTINUITY, OR HAS IT BEEN COINCIDENCE? TO A CERTAIN EXTENT THIS IS OUTSIDE MY EXPERIENCE BUT I DID ASK MY PREDECESSOR AND HE WAS EMPHATIC THAT IT WAS COINCIDENCE. I ASKED A.G. THE SAME QUESTION AND HE SAID IT WAS IN HIS VIEW LARGELY
CONFIDENTIAL
/ COINCIDENCE