Dd.033009 Gp.863
NOTHING TO BE WRITTEN IN THIS MARGIN
DRAFT LETTER
CONFIDENTIAL
2
See fling.
405 in part E.
We have not yet put the proposal to Ministers for their Cursideration. This
is partly because
both our new S.JS. & Land Shepherd have been away hour the Office since Your hegram amived,
& do not return until
September 11th, and partly because there is, I am apaid, perther information we shall med to
han from you lefon
we can sek Ministerial news
To:
From:
M.D.I. Gass Esq., C.M.G.,
Government House,
Hong Kong.
Sir Arthur Galsworthy, Commonwealth Office, London, S.W.1.
am apaid I still cannot give you our
I think it better to write to you about conclusions about the suppotion that you might providing by emergency regulation for the death
penalty for unlawful possession of explosives,
NA:
abruhly) bombs, etc., (your telegram No.1310). We share your
concern about the terorist activities of certain
Communist elements. The use of bombs and similar
devices is a particularly vile and indiscriminate
• an which in the crooded curban conditions o Hay Kay could be particularly senais, form of terrorism/and we, for our part, can see that
may will have to
sterner penalties should be provided.
Having said that, fok ask some of that 2. As you already know, this is a matter which we fasosdera träsă as damkan Arab woe Kevirke Alevesters feel must be submitted to Ministers An extended att wish & tube vide
Joe We Hunite that an extrended
would be likely to application of the death penalty will undoubtedly
Dome
lead to public criticism here, and would on general
Brobably
grounds/raise difficulties for Ministers. There is,
moreover, at this present time the risk of Chinese
retaliation against our people in China. In these
circumstances, Ministers will clearly expect us to
furnish in detail arguments for this measure and
will need to be convinced that there are no
One
alternatives which would meet the situation.
we think swild and to be looted at such alternative which escurs to us/is that unlawful
possession might carry the penalty of life imprison-
ment and that the death penalty should be confined
to the offence of attempted murder by means of
explosives, etc.
3.
I imagine that you have yourself taken a look
at other precedents in colonial emergency legislation
and will know that the Malayan and Kenyan emergency
legislation on the question of explosives was
/comparable
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