XN000022-1975-11-06 — Page 2

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THURSDAY, NOVEMBER 6, 1975

DEATH PENALTY: HONG KONG

MAKES REPRISELUTATIONS TO BRITAIN

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THE GOVERNOR, SIR MURRAY MACLEHOSE, HAS AGAIN MADE REPRESENTATIONS IN THE STRONGEST TERMS TO THE SECRETARY OF STATE ABOUT HONG KONG'S WISH FOR A RESTORATION OF THE DEATH PENALTY IN CASES WHERE THE CIRCUMSTANCES OF THE CRIME LEAVE NO REASONABLE JUSTIFICATION FOR CLEMENCY.

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THIS WAS ANNOUNCED TODAY BY THE COLONIAL SECRETARY, THE HON. SIR DENYS ROBERTS, IN WINDING UP THE DEBATE ON A MOTION OF THANKS FOR THE GOVERNOR'S ADDRESS AT THE OPENING OF THE COUNCIL'S 1975/76 SESSION.

SIR DENYS SAID THE GOVERNOR FULLY RECOGNISED THE FIERCENESS OF CONVICTION WITH WHICH SO MANY RESIDENTS OF HONG KONG HELD THE VIEW THAT, UNLESS THE DEATH PENALTY WAS CARRIED OUT IN APPROPRIATE CASES. THE FLOOD OF CRIME AND VIOLENCE WILL NOT BE TURNED BACK.

THE GOVERNOR, HE ADDED, ALSO ACCEPTED THE FACT THAT PUBLIC OPINION ON THIS ISSUE WAS SO STRONG AND SO UNIVERSAL +THAT A CHANGE TO CURRENT PRACTICE HUST 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 DETERMINATION OF THE GOVERNMENT TO TACKLE VIOLENT CRIME WITH DETERMINATION.+

IN FUTURE, SIR DENYS SAID, THE GOVERNOR WOULD, WHENEVER HE COMMUTES A DEATH PENALTY, 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.

HE ADDED THAT THE ONLY EXCEPTION WHICH MIGHT BE MADE TO THIS PRINCIPLE IS WHERE, AFTER ANY LONG PERIOD OF IMPRISONMENT, STRONG HUMANITARIAN CONSIDERATIONS MIGHT HAVE EMERGED SUCH AS WOULD JUSTIFY THE EARLIER RELEASE OF A PARTICULAR OFFENDER.

SIR DENYS SAID HE WELL UNDERSTOOD THE SENSE OF FRUSTRATION OF UNOFFICIAL MEMBERS AND THIS WAS SHARED BY THE GOVERNMENT BUT HE EXPLAINED THAT, WHILE THE REALITIES WERE UNDERSTOOD, THE QUESTION OF THE DEATH PENALTY DID NOT END THERE.

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HE POINTED OUT THAT ANY PRISONER SENTENCED TO DEATH IN HONG KONG HAD A RIGHT TO PETITION THE QUEEN FOR CLEMENCY. IN REACHING HER DECISION, THE QUEEN WAS ADVISED BY THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS WHOSE ADVICE MUST TAKE INTO ACCOUNT THE LIKELY REACTION IN THE UK PARLIAMENT TO WHICH HE IS ANSWERABLE.

/+RECENT SECRETARIES

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