co-1023-219-hong-kong-emergency-regulations — Page 10

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As

you say, (20) does not take

Log

much

further, except to show that the number of

Gunes

to show

¿

involving

the

decrease.

%

contrives

2. This fact, together with the marked decrease

offences Governor's wiiw

leterrent effect.

in such

frim the

strong

7

the Royal Comunision

of

Suice

1950 tends to con that Reg. 116A has

the file

coky

Caliital Punishment,

fete that the

3. I have however put on

which para's 55-68790 (3) me partirlady interacting in this respect. You
will

Commision's con las ins

selling afford

that starbies

no reliable evidence one way that although capital punishment have some
deterrent effect, it is important not

to base

on

mag

penal policy in relation to under

exaggerated estimates of the miquely cleber-

the death penalty"

rent effect

4. Allhugh this was

muncher I thrill

said in consuchen with

the same principles must afifly

to the prevent problem he. No doubt hemm

with with to obtain the news

You

Mr Kring

this matter, from the "Treatment

of Offenders" part of veramais view is maplet 5. If nevertheles Journois
aceptad

that the prevent commis

if

state

praunt

culo

agend

of the colony has brought about the

fear of

Ъ

crimes of

Stub

volance (ou para 3 of (25)), it seems t

the regulation will have to remain in fence almost

indefinitely

J. E. Wahlemmen

10.53

36

Mr. King

Reference A

in Mr. Hooking. As minite above,

do

You

with to

expres

in spinim ? (The bushground

my

to Emergency Regulation 1161 is given

14.10.52).

Янними

3/10.

The amount of crime of the sort for which this measure was introduced
has not been very great considering the population and airoumstances of
Hong Kong. It is therefore very much open to question whether this
measure has been necessary or justified. In any circumstances it is most
difficult, if not impossible, to prove by statistics whether a
repressive measure of this nature has, or has had, a deterrent effect.
The statistics furnished by the Governor show a marked decline in crimes
involving arms since the Emergency Regulations came into force, and if
they prove anything, it is that the measure ought to be discontinued.
The alternative seems to be to retain it indefinitely for fear that it:
might be necessary to invoke it.

Incidentally, the highest figures in the return given at (78) are in
respect of the possession of arms (or explosives). I imagine that the
bulk of these figures are in respect of the pos- session of arms, which
does not seem to be punishable by death under the Emergency Regulations.
They are therefore a little misleading.

I think that Sir Kenneth Roberts-Wray ought to see.

JE K

(J.E. King) 6th October, 1953.

Mr. Sidebo tim.

Please see (28) and minutes above. Mr. King's fears my minute of

I have sympathy with

at 1/

my

view

1/10 |§3.

Which

Ittet hamis

The Parker (though Sink Porhood's wrong.) ..

My

7.10.

own conclusions a pre with those of he` Harr's att whimmate of 1/10
above until ther frymes remains at those shom in ho 28. # it would I
suggest-te quati premature within Exceptionally difficult ordnation sis
Hongkong to justify disenting the Emerge Reputation.

cantatriclining

to

the nouestion

but the

I carose, he other facian

roplaning

а

mot nasoma ta

rec 1 h that'

la

of offences;

consurovin

раси з

ttt the delevent effent ?

in langgeh urparsih.

in

25

this squlation

I agree, drawer for, dverefore,

difficult i mirite wayson

ih

37

!

!

the it moocation of th

the regulation

Ihr big question

Oh foresees th

it

dispensed with?

future I from

Dhawa

9

comment? ang gust

martand wi

вибра

any hope of

from catanes,

(m pars 3425)

pomment

cromamia utuation?

Agg 9/10

As the previous minutes show, it would be a fruitless exercise to
attempt to form a positive opinion whether the reduction in the number
of crimes involving Arus has been due to the deterrent effect of
Emergency Regulation 116A. It would be equally fruitless, in my opinion,
to attempt to specify in what circumstances in the foreseeable future
the Regulation should be dispensed with.

To my mind the basic justification for the Regulation and its
continuance is the generally disturbed political situa- tion in the Far
East (which may well deteriorate if there is no satisfactory outcome of
the political conference on Korea); and the fact that Hong Kong is wide
open to subversive terrorist activities inspired by a hostile Chinese
Government

which may well become
even more hostile in the next few months.

-

In these circumstances I personally should have no hesi- tation at all
in agreeing with the Governor that this Regulation should be retained in
operation.

(J. J. Paskin). 10th October, 1953.

Artainly this is not the time Сиваше

to drop it. approx extension for to morether.

мор

7

In the absence

the Muista

State

38

2

I don't think the 5. ft. weed be

hubled.

6)..).

14/10/53

арти

Draft telegram herewith.

Justan's

14/10

19 Sang Kang Lel No 936

30 yu

Aar 1378

16/10

25-9-53

b- monebly review ab emerging regs.

hoked in hibrary

Mr. Harris

hegal.

Please see

comment from

(30), which Loes not require any

ма

I think.

? Sok.

as in d.h.

Яннаний.

18/wat mee-

31 không trong Hong

phóng

・Dosh 1616

21. 10. 53

C.-

19/22/07

НИР 319

(1454-6)

25

39

Ure of Regulation

1164.

HAP 488/25/08 by June '53 it had been invoked

52-53

28

on

3 occasions only.

HKP 488/35/01 Aug 53.

52.53

I Chinese convicted.

Death sentence carried out.

(5) F609/401/01

54. 2 Chinese convicted.

54-5.

Appeal pending. Outcome

unknown.

10

R. Ford.

Please kup there fapers handay

requerie & bu

in case they are requerid

10 1671 bu 30

ANG

Ми в

in 3 weckt.

ARG 29.9.67.

فراند

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