GRS 535A
IMMEDIATE
CYPHER CAT A
FM FCO 041928Z
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42
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TO IMMEDIATE HONG KONG TELNO 854 OF 4 NOVEMBER.
MIPT: DEATH SENTENCES.
FOLLOWING IS SUGGESTED TEXT FOR USE BY THE COLONIAL SECRETARY. 1. IT WAS APPARENT TO ME FROM THE TONE OF THE SPEECHES OF SEVERAL MEMBERS THAT THE IMPLEMENTATION OF THE DEATH PENALTY IN HONG KONG IS A MATTER ON WHICH THEY FEEL DEEPLY. I WELL UNDERSTAND THE REAL- ITIES IN HONG KONG AS EXPRESSED SO FORCIBLY BY MEMBERS WHO UNDOUBT- EDLY REPRESENT THE DEEPLY-HELD CONVICTION OF THE GREAT BULK OF OUR
POPULATION.
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2. THERE ARE DIFFERENCES OF ATTITUDE, TO WHICH THE HONOURABLE DR CHUNG HAS REFERRED, BETWEEN WHAT IS ACCEPTABLE ELSEWHERE AND WHAT IS ACCEPTABLE IN HONG KONG. THESE DIFFERENT ATTITUDES MAY SUGGEST THAT CAPITAL PUNISHMENT COULD BE A MORE EFFECTIVE DETERRENT HERE THAN IN OTHER PLACES. THEY DEFINITELY DO MEAN THAT THE GREAT MAJORITY OF THE HONG KONG POPULATION ARE CONVINCED THAT THE DEATH PENALTY WOULD SERVE AS A SUBSTANTIAL DETERRENT TO VIOLENT CRIME. IT IS ALSO THE COMMON VIEW THAT EVEN IF IT DOES NOT DETER, THEN IT SHOULD BE IMPOSED AS A MEASURE OF THE OUTRAGE OF THE COMMUNITY AND BECAUSE IT IS WIDELY BELIEVED THAT EVIL CONDUCT SHOULD BE
VISITED BY PUNISHMENT.
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२ ! CAN ASSURE MEMBERS THAT ALL THESE REALITIES ARE WELL RECOG- NISED. BUT THE ISSUE DOES NOT END THERE. AS IS WELL KNOWN, ANY PRISONER SENTENCED TO DEATH IN HONG KONG HAS THE RIGHT TO PETITION HER MAJESTY THE QUEEN FOR CLEMENCY. THE QUEEN, IN REACHING HER DECISION, ACTS ON THE ADVICE OF THE APPROPRIATE UNITED KINGDOM MINISTER, NAMELY THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS. THERE ARE, THEREFORE, WIDER REALITIES THAT BEAR ON THE ISSUE OF CAPITAL PUNISHMENT IN HONG
KONG: THOSE REALITIES WHICH FACE THE SECRETARY OF STATE AS HE TENDERS HIS ADVICE TO THE QUEEN. ONE OF THESE REALITIES IS THAT HE IS OBLIGED TO TAKE INTO ACCOUNT THE LIKELY REACTION IN THE . UK PARLIAMENT, TO WHICH HE IS ANSWERABLE, TO THE ADVICE WHICH HE TENDERS TO HER MAJESTY. RECENT SECRETARIES OF STATE HAVE BEEN
OF THE OPINION THAT THEY WOULD NOT BE SUPPORTED IN THE HOUSE OF COMMONS IF THEY WERE TO ADVISE THAT DEATH SENTENCES SHOULD BE CARRIED OUT IN HONG KONG, NOREOVER, THERE ARE NO SIGNS THAT THIS ATTITUDE OF THE HOUSE OF COMMONS IS LIKELY TO CHANGE IN THE
IMMEDIATE FUTURE.
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