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than an enquiry from the Secretary for Security as to whether the change in Government in this country had made it unnecessary for Hong Kong to take any further action. We replied that while Ministers had not been specifically consulted about corporal punishment in Hong Kong, Mr Whitelaw was known to be opposed to it, and the position as regards the European Court of Human Rights remained unchanged.

Background

7. Hong Kong is one of only four Dependent Territories that retain corporal punishment, and the only one where it is used regularly (there were 482 cases in 1977). Following the European Court of Human Rights decision in the Isle of Man case last year, when corporal punishment was found to be in breach of the European Human Rights Convention, we invited all Dependent Territories retaining corporal punishment to consider abolition.

Unlike the other Territories concerned, Hong Kong is not bound by the European Convention. It is nevertheless desirable that Hong Kong laws should comply with the standards laid down by the European Court.

Hong Kong and General Department September 1979

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