TNAG-0082-FCO40-118-Proposals-to-extend-the-death-penalty-1967 — Page 41

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Mr. Rushford

You will have seen Hong Kong telegram No.1310

at (5) asking for our views on making emergency regulations to provide for the death penalty for the unlawful possession of high explosives, bombs etc. Similar regulations were introduced in 1950 and remained in force until 1956 (correspondence ending at (12) on 14237/15 attached refers). At (406) we have undertaken to let Hong Kong know our views this week; since the papers must clearly be seen by Ministers before we do so, there is some

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urgency in preparing the new/submission.

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2. I would be most grateful for details of similar provisions included in emergency regulations in other

light territories; examples, I understand, are to be found in the emergency legislation of Malaya, Cyprus and Northern Rhodesia. If the information can be quickly obtained, it would be helpful to know what provisions are at present in force in the emergency legislation of Aden. If there are any general considerations you may wish to urge in connection with these proposals, we would be glad to have them.

3.

I understand that, in some instances of such legislation,

a distinction has been drawn between the mere technical

possession of explosives and the carrying of them, the penalty for the latter being death and the former a lesser

penalty. We would be most interested in any examples

there may be of this.

L.5. Carter

Са

(W.S. Carter)

30.8.67.

an affect);

Mr. Carter

2.

Mr. Rushford is on leave until the 4th September.

In connection with your minute I see from the first paragraph of item (405) that the matter for advice is limited to high explosives, bombs or similar devices and that Hong Kong has in mind regulations similar to those flagged at 'E'.

3.

Regulation 116 A (1). There was a similar emergency regulation in the Federation of Malaya and the regulation in question was in force there in March 1953 and presumably for some time prior thereto. It was Regulation 4 and provided that

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/ Any person