TNAG-0082-FCO40-118-Proposals-to-extend-the-death-penalty-1967 — Page 39

Reference....

10. I have not been able to trace any provision in the emergency legislation of Aden scribing the death penalty for breach of emergency legislation Nor have I been able to find in any emergency regulation that a distinction has been drawn between the mere technical possession of explosives and the carrying of them in relation to

punishment prescrbert.

Ян Сти

Conchley

(I. H. Cruchley) 31st August. 1967

(Flag C)

Mr. Hall

At the Under Secretary's Meeting

on Monday, we discussed Hong Kong telegram No.1310 at (405). It was agreed that we

should write to Hong Kong, clearing the draft with Legal

Advisers and the Foreign Office. I have drafted on the lines

discussed but have added a paragraph on the Rhodesian

legislation after discussions with Sir Arthur Grattan-Bellew,

Mr. Steel and Mr. Neale.

2. I am not quite clear in my own mind whether we ought to

make use of the Rhodesian point and would like to discuss this

with you before we circulate the draft. Both Sir Arthur

Grattan-Bellew and Mr. Steel saw some difficulty for our Ministers in the introduction in Hong Kong of more severe

penalties than are provided in Rhodesian law. Mr. Neale, on the

other hand, seemed to take a more relaxed view of the

difficulties that this situation might create for Ministers

and we should, I think, at some stage get his blessing for

anything that we might include in the draft on this point.

3.

Since the meeting I have checked up on some of the

information at our disposal. I have checked with the Foreign Office the provisions in Aden's emergency legislation.

I now

understand that the penalty for possession of explosives etc.

in the Colony of Aden is 10 years but that in the Federation there is a mandatory death penalty (although no one can recall that it has ever been used).

4. I have also looked again at the provisions of the substantive law of Hong Kong on this subject i.e. the Explosives Substances Ordinance (CAP.206). This provides as follows (the references are to the sections of the Ordinance):-

(i) Causing an explosion likely to endanger life or property life imprisonment (Section 3).

(ii) Attempting to cause explosion, or making or keeping

explosives with intent to endanger life or property 20 years (Section 4).

/(iii) Making