224 HONG KONg legislative COUNCIL 6th November 1975
[THE COLONIAL Secretary]
Capital Punishment
Motion
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 realities of Hong Kong as expressed so forcibly by members, whose views un- doubtedly accurately represent the deeply-held conviction of the great bulk of our population.
There are differences of attitude, to which the honourable Dr CHUNG has referred, between what is acceptable in the United Kingdom 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. common view that even if it does not deter, then it should be imposed It is also the as a measure of the outrage of the community and because it is widely believed that evil conduct should be visited by punishment.
But
I can assure Members that all these realities are understood. unfortunately the issue does not end there. 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 upon the advice of the appropriate United Kingdom Minister, namely the Secretary of State for Foreign and Commonwealth Alfairs. In tendering his advice to the Queen the Secretary of State must take into account the likely reaction in the United Kingdom 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. Moreover, there are no signs that this attitude of the House of Commons is likely to change in the immediate future.
I well understand the sense of frustration of honourable Members, which is shared by your Government.
I am authorized by His Excellency to say that he fully recognizes the fierceness of conviction with which so many residents of Hong Kong hold the view that, unless the death penalty is carried out in appropriate cases, the flood of crime and violence will not be turned back.
In recognition of these factors he has once again represented to the Secretary of State in the strongest terms the wish of Hong Kong for a restoration of the death penalty in those cases in which the circum- stances of the crime leave no reasonable justification for clemency.
His Excellency has asked me to say that he accepts the fact that public opinion on this issue is so strong and so universal that a change to current practice must be made in terms which go some way to meet
the genuine feelings of the community, which clearly sees this issue as a test of the determination of the Government to tackle violent crime with determination.
In future, whenever he commutes a death penalty, the Governor will impose the alternative punishment of life imprisonment, unless, in exceptional circumstances, he feels able to accept advice from Executive Council that a lesser sentence should be imposed.
The only exception which might be made to this principle, is where, after a long period of imprisonment, strong humanitarian considera- tions might have emerged such as would justify the earlier release of a particular offender.