TNAG-0082-FCO40-118-Proposals-to-extend-the-death-penalty-1967 — Page 8

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Dr. Gaymere.

A.213/127

Confidential

R. 318.

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Im ANG 6/00

HOME OFFICE

bo Romney House, Marsham Street, LONDON S.W.1

Telephone: SULlivan 3488, ext. 109

LAST

REF.

5th October, 1967

4

Dear Carter,

NEXT

REF.

We spoke on the telephone about your letter of 29th September to Prior about the possibility of a number of communist prisoners being transferred from Hong Kong to this country.

This, as we agreed, is something which would have to be considered by Ministers. We have not had an opportunity of seeking the Home Secretary's reaction and the question might well have to go to the Cabinet. In these circumstances we can, as you realised, only give you at this stage our views on the narrow question of whether there are insuperable practical obstacles to our taking prisoners from Hong Kong.

First, we should want to know the numbers. We could accept a few, but large numbers would present us with severe difficulties.

Secondly, will they speak English? We have, of course, to cope with the problem of non-English speakers in our prisons, but the lot of an isolated prisoner who does not speak English is an unenviable one, and we should be open to strong criticism if one of these people were so isolated. We might therefore be compelled to place, say, four or five non-English speaking prisoners together. If they were of the type indicated in your letter we might expect them to group together in an effort to cause maximum trouble to the authorities. Could you therefore please also let us know whether you are contemplating the possible transfer of those who do not speak English.

I have not dealt in this letter with the legal aspects since I gathered that your lawyers were looking at them. We should of course need to satisfy the Home Secretary that the Colonial Prisoners Removal Act could properly be used for the purpose you have in mind.

Foreign Office.

Telephonca Home Office & spoke to in Peppar.

I am sending a copy of this letter to Prior and to Murray in the

to tell of Hyple

that this matter was the

Asha Asted he

abeyance.

ANG

Slypike

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Yours sincerely,

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W.S.Carter Esq., C.V.O. Commonwealth Office,

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Victoria Embankment, S.W.1.

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9.40.67.

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RECEIVED IN

DCHIVES No. 63

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6 OCT1967

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Reference..

EXTRACT.

BRIEF NO.1.

10

VISIT OF MINISTER OF STATE FOR COMMONWEALTH AFFAIRS TO HONG KONG

OCTOBET 1967.

Issues arising out of Confrontation.

(B) Proposed introduction in Hong Kong of Emergency Regulations providing

for the death penalty for the unlawful possession of high cxplosivos,

bombs or similar dovicos

5. Tho indiscriminato uso, by the Communists in Hong Kong, of boribs,

explosivos and similar dovicos in thoir confrontation with the authoritios

has outraged public opinion thore and has lod to considerable public support for a roquest mado by Y.K. Kan, an unofficial member of the legislature, for consideration to be given to extending the death penalty to "crimes involving bombs" (the death penalty already exists in Hong Kong under the normal law although it is very raroly carried out).

6. The abovo factors lod tho Acting Governor to sock our views on tho dosirability of making onorg ney regulations to provide for the death penalty for the unlawful possession of high explosivos, bombs or similar devices and ho sought our views on this proposal. The Rogulations that ho has in mind are on the lines of those which wore in force in Hong Kong during tho period 1950-56. Those Regulations provided that tho offence of carrying or possessing any bomb, gronado, mino or other apparatus capable of being used as such, should bo punishod with death; and that the offence of using or attempting to uso arms, ammunition or explosives against persons or property,

should also be punished with death. They were introduced in Hong Kong at a timo when the Colony was full of ox-K.M.T. and criminal olomonts flocing from tho Communists on the mainland. Thoy woro invoked on several occasions although, so far as is known, tho death sentence was carried out under thor

on only one occasion.

7.

Although the death penalty for possossion (with certain variations) has in the past boon introduced in other territorios in somewhat similar situations, its introduction at this stago in Hong Kong would undoubtedly prosont difficultics on general grounds, apart from the risk of Chinoso roprisals against our Mission and other British subjects in Poking.

8. The main argument normally advanced in support of the introduction of tho donth penalty for any particular offence is its dotorront offcct. But the Acting Governor expressed the viow that this would not be very marked

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