THURSDAY, NOVEMBER 6, 1975

+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, HE SAID. +MOREOVER, THERE ARE NO SIGNS THAT THIS ATTITUDE OF THE HOUSE OF COMMONS IS LIKELY TO CHANGE IN THE IMMEDIATE FUTURE.+

HOWEVER, HE APPRECIATED THAT THERE WERE DIFFERENT ATTITUDES ON THE DEATH PENALTY BETWEEN HONG KONG AND THE UNITED KINGDOM AND SAID 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,+ HE ADDED.

ON THE LEVEL OF SENTENCES PASSED BY HONG KONG COURTS, SIR DENYS SAID THE ATTORNEY GENERAL HAD REPRESENTED HIS

THAT CURRENT SENTENCES CONCERN TO THE CHIEF JUSTICE ARE NOT SEVERE ENOUGH TO CONTRIBUTE EFFECTIVELY IN HONG KONG'S PRESENT CIRCUMSTANCES TO THE RESTORATION OF LAW AND ORDER.

THE COURTS, HE SAID, HAD A VERY DIFFICULT TASK IN HOLDING A BALANCE BETWEEN THE STATE AND THE INDIVIDUAL, PARTICULARLY IN A PERIOD OF LAWLESSNESS.

+BUT THEY ARE NOT, AND SHOULD NOT BE, INSENSITIVE TO THE FEELINGS AND CONVICTIONS OF THE SOCIETY IN WHICH THEY OPERATE,+ HE STRESSED.

HE HAD NO DOUBTS THAT THE CHIEF JUSTICE AND THE MEMBERS OF THE JUDICIARY WOULD HAVE TAKEN DUE AND CAREFUL NOTE OF THE STRENGTH OF THE VIEWS PRESSED BY UNOFFICIAL MEMBERS.

SIR DENYS NOTED THAT THERE WAS WIDESPREAD CONCERN THAT THE COURTS WERE NOT AFFORDING TO INNOCENT CITIZENS THE MEASURE OF PROTECTION AGAINST CRIMINAL CONDUCT WHICH THE PUBLIC EXPECTED,

+THIS RELIEF, HE SAID, IS FOUNDED ON THE CONVICTION THAT THE PUBLIC IS PROPERLY PROECTED ONLY IF OFFENDERS ARE PUNISHED IN A MANNER WHICH MANIFESTS THE OUTRAGE OF SOCIETY AT THE GREED AND WICKEDNESS THAT MOTIVATE THE MAJORITY OF CRIMES AND WHICH ACTS AS A REAL DETERRENT TO WRONG-DOERS,+

ON ANOTHER ASPECT, THE COLONIAL SECRETARY SAID THERE WAS NO INDISCRIMINATE RELEASE OF PRISONERS THROUGH THE AGENCY OF THE BOARD OF REVIEW WHICH CONSIDERS ALL LONG-TERM SENTENCES AT SPECIFIED INTERVALS AND HAS POWER TO RECOMMEND EARLY RELEASE TO THE GOVERNOR IN EXCEPTIONAL CIRCUMSTANCES.

IN PRACTICE, SIR DENYS SAID, SUCH RECOMMENDATIONS ARE RARE. IN THE PAST FOUR YEARS, THE GOVERNOR HAD ORDERED THE RELEASE OF ONLY FIVE PRISONERS AS A RESULT OF RECOMMENDATIONS BY THE BOARD. THREE OF THOSE RELEASED HAD SHOWN GREAT COURAGE. IN GIVING EVIDENCE AGAINST PRISON WARDERS OR FELLOW PRISONERS IN RELATION TO OFFENCES COMMITTED IN PRISON, ONE WAS SUFFERING FROM A GRAVE ILLNESS AND ONE WAS AN OLD MAN.

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Maj

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