TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 19

PRIORITY

CYPHER CAT/A

FM HONG KONG 150250Z

CONFIDENTE

RECEIVED INAL

AEGISTRY No.51

PR1971

1-3

TOP COPY

CONFIDENTIAL

HXK( 14/16

TO PRIORITY F.C.O. TELEGRAM NO. 254 OF 15TH APRIL 1971.

YOUR TELEGRAM NO. 250.

CORPORAL PUNISHMENT.

LAST

REF.

NEWY

REF.

AT THE COMMITTEE STAGE OF THE BILL ON 28TH APRIL, AN AMENDMENT

WILL BE INTRODUCED TO EMPOWER THE LEGISLATIVE COUNCIL TO AMEND

THE SCHEDULE BY RESOLUTION.

2. I HAVE CONSIDERED YOUR SUGGESTION THAT CERTAIN OFFENCES

IN THE SCHEDULE, FOR EXAMPLE ROBBERY, MIGHT BE DELETED.

ROBBERY IS DEFINED IN THE THEFT ORDINANCE AS STEALING COM→

BINED WITH THE USE OF FORCE OR PUTTING A PERSON IN FEAR OF

FORCE, SO THAT IN ALL CASES OF ROBBERY THERE WILL BE ACTUAL PHYSICAL VIOLENCE OR THE THREAT OF IT. ADMITTEDLY, THE MERE POSSESSION OF ARMS AND AMMUNITION AND THEFT FROM THE PERSON MIGHT INVOLVE ONLY A THREAT OF VIOLENCE AND NOT ACTUAL PHYSICAL VIOLENCE BUT I DO NOT BELIEVE THAT IT WOULD BE POSSIBLE AT THE

PRESENT TIME TO PERSUADE THE UNOFFICIAL MEMBERS OF THE

LEGISLATIVE COUNCIL OR PUBLIC OPINION THAT ANY SHOULD BE REMOVED FROM THE LIST OF OFFENCES FOR WHICH CANING CAN BE ORDERED. IN FACT, THE SUGGESTION HAS ALREADY BEEN MADE IN EXECUTIVE COUNCIL THAT THE POSSESSION AND PLACING OF SIMULATED BOMBS

SHOULD BE ADDED TO THE LIST BUT THIS HAS NOT BEEN PURSUED.

TRENCH

FILES

· HKD

UND UIT ODA DTASU

PRIVATE SECRETARY P3 TO MR ROYLE

GIR L MONSON

MR WILFORD

CONFIDENTIAL

PA

24.1614