TNAG-0082-FCO40-118-Proposals-to-extend-the-death-penalty-1967 — Page 48

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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