TNAG-0103-FCO40-139-Briefs-and-background-notes-for-Lord-Shepherd-1967 — Page 12

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3.

in the particular circumstances in Hong Kong because current bomb incidents

soon to be more the work of dedicated hard-corc Communists than that of

hirod thugs. The nooting of a public donand for such a penalty would bo soon nainly as an carnost of the Government's determination to take the

strongost measuros against the Communists. The offoct on the public would

therefore be important psychologically but it is doubtful if in the

public mind thoro is much consideration of the possible deterrent offcct on individuals. The Acting Governor did not consult his Executive Council

on this subject but he ostinated that a majority at least of the Chinoso

nombors would favour the introduction of the death penalty for the purposos

statod; that most if not all non-Chinoso nonbors would opposo it and that the Chief Justice, on grounds of principlc, would also probably bo opposod

to it.

9.

It was suggested to tho Acting Governor that, as an alternative to the proposals which he has put forward, the unlawful possession of oxplosives, otc., might carry the ponalty of life imprisonment and that the death ponalty should be confined to the offence of attempted murder by means of explosivos oto. It is thought that such a course would lesson the danger of Chinoso reprisals although the risk of such retaliation would still exist. The Acting Govornor and his immodiato advisors themselves caro to the view that in fact such a course would be proforable and thought

that public accoptance of such a noasuro could be socured.

10.

The Governor in discussion horo indicated that ho had considerable

roservations about those proposals which he would wish to considor further on his roturn to Hong Kong. In another connection ho had put forward tho viow that long prison sentoncos might no longer bo having a dotorront offoot becauso prisoners wore told or lod to boliove that they could ozpoct to be released soon with the overthrow of British rulo and that the way to deal with this right bo to sond long-term prisoners to the United Kingdom to serve out their sontoncos. He felt that this proposition (if it could be accepted) coupled with longor inprisonnent ponaltios right noot the public dorand for stiffor ponaltios. It was agrood to look into

this.

11.

With the curront lessoning of tension in Hong Kong and tho decrease in the number of serious borb incidents, public prossure for the introduction of the death penalty for the possession of explosivos, etc. has diminishod,

In that but it could quickly rovivo if the situation wore to deteriorato. ovont it might be necessary to introduco sono form of storm action in order to proservo public confidonco. Failing the introduction of the anath ponalty, thoro right bo prossure for noasures such as action against tho main Communist Pross or for the dotcntion of loading local C.P.G. supporters.

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