TNAG-0400-FCO40-446-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 170

}

CONFIDENTIAL

iss L J Harvey

Reference.

iNK 14/10

26

(Gibraltar & General Dept)

DEATH SENTENCE IN DEPENDENT TERRITORIES

1 The answers to the questions raised in

•

Mr Grattan's minute to r Shaw of 25 April, as far

as Hong Kong are concerned are as follows:

i. The death penalty still exists in Hong Kong.

ii. The number of executions in Hong Kong, since

1956 are as follows:

1

1956

1957

1958

1959

1960

1961

5547354O

1964

1965

4

1966

1967

1968

1969

1970

1971

OOOOON

2

1972

1962 1963

}

As the Secretary of State is aware, the Governor has decided that the death sentence passed on a convicted prisoner in Hong Kong, Mr TSOI Kwok- cheong, should stand. Mr Tsoi has petitioned HM The Queen.

iii. Attitude of the Hong Kong Government:

iv.

In 1966, following abolition in the UK for a trial period, the Hong Kong Government decided that the retention of the death penalty was "closely bound up with public confidence in the ability of the Government to maintain public order", but that it should only be carried out in the most extreme cases.

In 1970 following total abolition in the UK the Governor was again asked to consider the matter. He replied that the Executive Council had decided that the existing policy in Hong Kong should not be changed and that suspension for a trial period would be inappropriate.

This has remained the attitude of the Hong Kong Government. If anything, it has hardened over recent years in view of the rising crime figures and increasing use of violence.

In regard to the legal problems involved in abolition, setting aside whether or not Hong Kong would be willing to abolish the death sentence themselves, you may like to see para 7 of Ir Stuart's submission to the Secretary of State dated 24 Apl (copy att'd) which was drafted in consultation with the Legal Advisers.

26 April 1973

iss P M Kelly KIOD

CONFIDENTIAL (17293) 897465 400m 1/73 G.W.B.Ltd. Gp 863