TNAG-0103-FCO40-139-Briefs-and-background-notes-for-Lord-Shepherd-1967 — Page 11

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explaining to thoir supporters that in their confrontation with the Hong Kong

authorities they should concentrate on the long term ideological and

educational approach to win over the massos. In the absence of any resurgence

of violence or any revival of the seditious tone of the main Communist

nowspapors, to a degroo which called in question the ability of the Hong Kong

Govornmont to maintain its authority, it would be foolish to take any action

which might bo rogardod by the C.P.G. as acute provocation.

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

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

bonbs or similar dovicns

5. The indiscriminato uso, by the Communists in Hong Kong, of bombs,

explosives and similar dovicos in thoir confrontation with the authorities has outragod public opinion there and has led to considerable public support for a request made by Y.K, Kan, an unofficial member of the legislature, for consideration to be given to cxtonding the death penalty to "crimes involving bonbs" (the death penalty already exists in Hong Kong under the normal law although it is vory rarely carried out).

6. Tho abovo factors led the Acting Governor to sock our views on tho desirability of making onergency regulations to provide for tho doath penalty for the unlawful possession of high explosives, bombs or similar devices and ho sought our vious on this proposal. The Rogulations that ho has in mind are on the lines of those which wore in force in Hong Kong during the poriod 1950-56. Thoso Rogulations provided that the offonoe of carrying or possossing any bonb, gronado, mino or other apparatus capable of boing usod as such, should bo punished with death; and that the offonce of using or attempting to use arms, ammunition or explosives against persons or proporty, should also be punished with death. They were introduced in Hong Kong at a time when the Colony was full of cx-K,M.T. and criminal clements flocing from the Communists on the mainland. They were invoked on sovoral occasions although, so far as is known, tho death sentence was carried out under them

on only one occasion.

7.

Although the death penalty for possession (with certain variations) has in the past boon introduced in other torritorios in sonowhat similar situations,its introduction at this stago in Hong Kong would undoubtedly prosent difficulties on gonoral 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 But the death penalty for any particular offence is its deterrent offcct. the Acting Governor expressed the view that this would not be very marked

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