Funishment Regulations in the light of ry comments above.
I have the honour to be,
Your most obedient, humble servant,
THE OFFICER AD:THISTERING
THE GOTAFILM OF
PET RIG
(Signed) J. GRIFFITHS,
!
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2 dfts
(24534) Wt. 298155532 (2) 10001 12/49 G.S,51,
0.
Mr. Anderson
16/6
Mr. Holl 16/6 - 6/7
Mr. Delo 17/6-8/2
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1917
Mr.
Mr. Paskin
Sir C. Jof! es
C. D.
R. 22 JUL
3.
Permt. U.S. of S.
Parly, U.S. S.
DRAFT A
1
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Minister of State
2117
4 Secretary of State +
Secretariat File
1912 Your Reference No.D/ER. II
DRAFT DE. PATCH
49
Sir,
(4)
0.A.0.
KON KONG
امانه ام
FURTHER ACTION
(12)
49 file
Sex 1420
BY AIR LAG
SECRET
B. Enc
25 JUL 1950
2
I have, etc., to refer to your
secret despatch No. 15, dated the 26th
May, 1950, on the subject of the
Emergency Regulations (Amendment) (No. 2)
Ordinance, 1949. In view of the
explanations contained in the
memorandum onclosed with your despatch,
and in particular the contents of the
two sets of draft regulations also
enclosed, I have now to in orm you
mizendy
that H.M. will not be advised to
exercise his power of disallowance in
respect of this ordinance.
2. As regards the draft Regulations
themselves, I have no comment on the
Administration of Justice Regulations.
I understand that the Capital Punishment
Regulations are to be kept in reserve and would not be brought into
operation except in the gravost emergency and then
only if the situation deteriorates and
the powers under the Emergency Principal Regulations are found to be
inadequate. Even in such circumstances I consider
that the Capital Punishment Regulations
/should
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J
[
should be brought into operation for a limited
period to cover the immediate Emergency
and then only after prior coneultation with me.
3. As regards the form of the Regulations,
in my view it is most important that
Regulations of this kind should be short and
easily understood,
Capital Punishment Regulations the person
In the case of the draft
+
whom it is hoped to deter, by imposing the
unless hi has
Dive
penalty of death,
to look through
the various Ordinances specified to find mvill #met Karoma
t what crime is punishable by death and
what is not. With this method should be
contrasted the contents of the Defence (General)
Regulations, 1939, in force in the United Kingdom
during the war in which were enacted in terms the
offence for example, Looting, Regulations 38A
which it was intended to create.
sinu any
deterrent
effect must depend upon its bening
4. On a point of detail, there appears to be some error in Regulations 3
and 7. Regulation 7
makes breach of specified sections of the
Malicious Damage Ordinance, 1865, punishable with
death, yet Regulation 3 also makes breach of any
provision of this Ordinance punishable with death,
but in the circumstances specified in Regulation 3. 5 I should be
grateful if you would reconsider
the draft of the Capital Punishment Regulations in
be light of my comments above.
I have, etc.
(Signe
02
widely known as possible what the Law
murides.
LODIFFITH8.
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Secretariat: 23/3231/50.
SAVINGRAM
To the Secretary of State for the Colonies.
0.A.G.
From the Cover, Hong Kong.
Date 6th September, 1950.
No. 116
-37|1=13
14237
1.
(11)
SECRET
C.0. Ref: 14237/05 /50
Your secret savingram No. 126 of 25th July.
Proposed Regulation 116A: Whilst appreciating your concern regarding
the introduction of an emergency regulation imposing the death penalty
and the duration for which such a regulation might remain in force, I
desire to urge certain considerations, in particular in relation to the
requirement that your prior approval be sought before the proposed
regulation 116A is brought into operation.
2.
As you are aware, section 3 (3) of Ordinance No. 5 of 1922 as enacted
by Ordinance No. 40 of 1949 requires that emergency regulations which
provide for canitel nunishment shall be subject to the approval of
Legislative Council and come into operation on such date as may be
specified by resolution of Council. The reasons for this procedure are
given in paragraph 7 (and in particular in sub-paragraphs (e) and (f))
of the Attorney General's note of 18th May, 1950, which accompanied Sir
Alexander Grantham's Secret despatch No. 15 of 26th May, 1950.
Conse-
(4) quently as the law now stands the course proposed in your
(5)
da
3.
paragraph 1 could only be pursued after amending section 3 of the
Emergency Regulations Ordinance, 1922, or alternative ly by enacting the
regulation at, for instance, three monthly intervals, which, subject to
the approval of Legislative Council, would remain in force for a period
of three monthe from the date specified by Resolution. It might be that
this course would not commend itself to Legislative Council. Apart from
the considerations mentioned above, my secret savingram No. 56 may not
have made clear that Executive Council had in fact advised that
regulation 116A should be brought into actual operation forthwith to
combat the state of affairs reported in paragraph 1 of that saving- ram.
It was therefore intended that regulation 116A be enacted and submitted
to Legislative Council for approval and for the specification of an
early date as from which it would come into force.
A.
I am also reluctant that the regulation should be expressed to be in
force for a specified period only, because the following considerations
appear material :-
At the time that decision has to be taken to re- enact the regulation
for a further period the
But re- situation may appear to have improved. moval of the death
penalty may well, in the pro- tracted emergency which may be envisaged,
be followed by a resurgence of the offences at which the regulation is
aimed.
B.
Periodical re-enactment of the regulation, requiring formal approval by
resolution of Legislative Council may reasonably be expected to give
rise to Communist propaganda calculated to exploit either the removal of
the death penalty or its reimposition.
1 * SEP 1950
TRY
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SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date......
No.
page 2
C.
(4)
D.
5.
In the explanatory memoranda concerning the draft Emergency (Capital
Punishment) Regulations forwarded with Sir Alexander Grantham's secret
despatch No. 15 of 26th May, 1950, reasons for not giving the Courts an
option to impose a punishment of imprisonment instead of the death
penalty were explained. But it is, of course, the case that the
provisions of Article XXXIV of the Royal Instructions would apply in
relation to a sentence of death imposed under the proposed regulation
116A.
Limitation in time upon the operation of regulation 116A as proposed,
presupposes a condition of sudden emergency, which quickly recedes. In
Hong Kong the emergency has been and is likely for some time to remain a
continuing one. Thus excessive hesitancy to enact legis- lation having
deterrent effect may allow of the establishment of a situation of
terrorism and sabotage in the Colony to a point at which it gets beyond
capacity to suppress. It should be remembered that imprisonment is no
deterrent to gunmen who in their own country hold life to be cheap and
who would have no qualms about attempting to follow in Hong Kong the
example of the bandits in Malaya.
This matter was discussed again in Executive Council on 5th
September in view of the recent increase in crimes of violence involving
the use of arms, one instance of which is the deaths on 1st September of
Messrs. Luscombe and Leslie, two valuable officers of the Police Force,
by the hand of a desperado using a revolver recently stolen from a
policeman. In this connection also please see my
on the subject of Nationalist
54/19/50 (15) secret savctivities: Members advised that public opinion
(15)0003 savingram No.
guerilla
would be solidly behind Government if it enacted the proposed regulation
116A. I therefore feel compelled to ask that the stipulations attaching
to your consent to the enactment of the proposed regulation 116A may be
reviewed and that your authority may be afforded to me to proceed as
early as possible with the enactment of the regulation in conformity
with the procedure required by section 3 (3) of the Emergency
Regulations Ordinance, 1922, as enacted by Ordinance No. 40 of 1949. In
that event the assurance can of course be given that when the situation
has so improved, that the repeal of the regulation can properly be
contem- plated, appropriate and immedite action to that end will be
taken.
6.
In the course of the discussion in Executive Council mentioned above,
Unofficial Members suggested that the time might have come when mere
possession of a firearm, and not only a grenade, merits the death
penalty. I am not prepared to go to that length at the present stage but
I undertook to place their view on record.
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SAVINGRAM
To the Secretary of State for the Colonies.
From the Governor, Hong Kong.
Date.
No.
page 3
7.
With reference to paragraphs 2, 3, 4 and 5
of your savingram under reference, draft legislation designed to empower
magistrates to award corporal punishment upon conviction of the offences
discussed in my secret savingram No. 56 will be prepared and held in
readiness. Enactment of such regulations will not be made without prior
consulta- tion with you unless an emergency should arise which would
make this course impossible.
8.
I shall be grateful for a telegraphic reply
to the proposal in paragraph 5 above.
eph
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SECRET No.26
Secretariat D/ER II
C.0. Ref: 12337/15/50
GOVERNMENT HOUSE,
HONG KONG.
14.
6 September, 1950.
(12)
(5);
Sir,
I have the honour to refer to your Secret despatch No. 49 dated 25th
July, 1950, on the subject of the Emergency Regulations (Amendment) (No.
2) Ordinance, 1949, and note that His Majesty will not be advised to
exercise his power of disallowance in respect of this Ordinance.
2.
(13) No 116
of 6th Sept. para 2,4 In my Secret Savingram No. 56 of 1st June, 1950, I
have, in connection with proposed Emergency Regulation 116A, endeavoured
to state the objections to bringing that Régulation into force for a
limited period only. Many of these objections appear to me to apply to
any regulations imposing capital punishment, but, in the case of the
Emergency (Capital Punishment) Regulations other than Regulation 116A
(which takes the place of Regulations 5 and 6 in the Emergency (Capital
Punishment) Regulations already forwarded), there is one important
difference. These regulations will not be put into force unless a much
graver situation than that at present existing, arises, and similarly
they would only remain in force while such situation persists.
3.
If you consider this will meet the case, I would be prepared, therefore,
in the event of additional Emergency (Capital Punishment) Regulations
being made, to place on the Agenda of Executive Council at intervals of
three months the question whether they should be repealed. It would, of
course, always be possible for any member of Legislative Council to
raise the same question at any time in Legislative Council.
4.
As regards the substance of the draft Emergency (Capital Punishment)
Regulations, I fully appreciate the aspect discussed in paragraph 3 of
your despatch under reply. I propose that the nature of the offences
should be explained in some detail both in an explanatory note and in
the press and that all possible publicity to the fact that they are
being brought into operation would be given. I am advised, however, that
it is scarcely practicable to enumerate in the regulations themselves
all the offences contained, for instance, in the Malicious Damage
Ordinance, 1865. In these circumstances it is submitted that the method
proposed has the advantage that in any trial the accused will know far
more precisely with what he is charged and the Courts will also have the
guidance of decided cases on the construction of the most important
element of the charge, namely, the commission of the statutory offence.
It seems preferable therefore
THE RIGHT HONOURABLE
JAMES GRIFFITHS, M.P.
11 SEP 1950 HEMISTRY
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2
to make no amendment to regulation 3 of the regulations under discussion
other than by addition at the end of paragraph (c) of the words:
"other than an offence punishable
under Regulation
(being the regulation which would correspond to Regulation 7 in the
draft).
This amendment, I am advised, would remove the
conflict to which attention is drawn by paragraph 4 of your despatch.
5.
I would, of course, prefer to consult you before any regulations
relating to capital punishment, other than the proposed Regulation 116A,
are brought into force. But if a grave situation were to develop
suddenly I ask that I may be at liberty, at my discretion, to take steps
to bring into force the regulations of the nature under discussion.
I have the honour to be,
Sir,
Your most obedient, humble servant,
Khun
OFFICER ADMINISTERING THE GOVERNMENT.
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!
}
15
SPORDA
14th September, 1950
With reference to our telephons talk this
morning, as arranged, I enclose copies of a secret
savingam and of a secret despatch about certain
proposed emergency regulations, which I think we
shall almost certainly vish to discuss with you next
week, so that you can have a preliminary look at them.
SIR ALEXANDER GRANTHAM, K.C.K.G.
t
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COPY
Secretariat W/X 105/50 Origon, 54149/30 (T.S.).
L/K
SAV INGRAM
To the Secretary of State for the Colonics.
From the officer Adainistering the Goverment, Hong Kong.
Date 6th September, 1950.
110. 115
SECHET AND GUARD.
16
Flease see third sentence in my telegram No. 1000 of 31st August and
first sentence in my telegram No. 1011.
Nationalist guerilla activities.
1. Evidence in mounting that the listionalists have during the last two
months considerably increased their efforts to organice and stimulate
guerilla activities in South China and there is reason to suppose that
the Americans are assisting at least financially.
2. Inevitably such clandestine activites in South China are in any case
largely based on Hong Kong (although everything possible is done to
suppress them) and the recent occupation by the Chinese Communist forces
of the islands of the fearl Rivor estuary has at the same time driven
those Nationalist irregulars who formally operated on these islands to
seek refuge and continue their activities in llong Kong and has deprived
the Nationalists of their lost foothold and base on Chinese territory
along this part of the China Coast. During the past four years KT
guerilla activity has emerged from time to time and always with most
disturbing effect on law and order in this Colony.
3. As an instance of these liationalist activities and their
repercussions within the Colony, it is significant that of eleven
persons arrested in connection with three murders and two woundings
which took place in the lies Territories during the third week of
August, no less than six admitted to being serving memborg of a
liationalist guerilla force operating in the area of the long ong/China
border. All six men stated further that under their conditions of
service they must supply their own arus. The problem of illicit arms is
dealt with more fully in paragraph 8 below.
4. As further evidence of the expansion of Nationalist activities here,
I have reliable information that a large number of guerilla leaders have
recently arrived here for the purpose of consultation with General Cheng
Kai lan, the Nationalist Vice Minister for National Defence.
5.
liot only are liationalist subversive elements now more active here than
formerly but "third force" groups are also attempting to gain support
for anti-Communist operations, through contacts here. It might be
thought that the latter, having virtually no resources or backing at the
present time, present no serious problem. in the contrary, their
adherents have persuaded then- selves that American financial help is
likely to be forthcoming for all dissider groups and in the meantime,
they are trying to maintain themselves nere as best they may; that is,
for the most part, by robbery and violence.
6. As to the American contribution to the support of these activities my
information is necessarily less detailed and positive. But the
developments to which I have referred have made themselves felt only
since the outbreak of the Korean war and the Truman declaration about
the "neutralisation" of Formosa. Furthermore there is strong evidence of
co-operation here between American intelligence organisations and the
Military Bureau of Investigation and Statistics (i.e. the central
Nationalist intelligence agency). it in natural to suppose that the
.B.1.S. derives financial support from American sources and thereby in
turn finances subversive operations in China. Vany H.B.1.5. ogenta are
active here and although some have recently been deport, the task of
entirely suppressing such activities by folice action is in
/procent
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page two.
present circumstances impossible or at all events quite beyond our
resources.
7. Documentary evidence is available that a Chinese guerilla leader now
in Hong Kong has recently made an appeal for funds to Chinese residents
in the United States.
8.
In the light of the above developments it is obvious that a situation
involving great political embarrassment may at any time arise or be
engineered. I have no doubt you will share my deep concern over this
aspect of the matter but I wish also to draw your attention to the
deterioration in the internal security situation which has inevitably
accompanied these developments. Criminals and men long accustomed to
seek their ends by violent means are being rallied to a desperate cause,
They have little to lose and they have no scruples. Many have to support
themselves here by their wits or by violent orine since they are
inadequately supported by the organisation or cause for thich they
purport to be working. The problem of illicit arma to which reference
has already been made, though it is only one of the internal security
problems which have recently been aggravated, is one which I view with
articular concern. It will be readily understood, in the light of the
preceding paragraphs, that there is a heavy demand for illicit arms,
that the inducement to steal or illegally import weapons of all kinda is
increasing and that the Police Force are compelled to devote greater
resources to the suppression of this typo of orine. In the georgraphical
situation of the Colony the Police are in this respect faced with
peculiar diɗficulties and it is coming increasingly clear that the
deterrent effect of present penalties is far from adequate. It is
significant that the revolver with which Detective Sub-Inspector Leslie
was murdered on fat September (ace my telegram No. 1011) had been stolen
from a Police Constable some two weeks previously.
9. The primary purpose of this savingram is to inform you of a
disturbing factor which is assuming increasing importance in the local
situation. will be kept informed of developments by telegram.
You
eph
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Ompor 54297/5/50
INWARD TELEGRAM
TO THE SECRETARY OF STATE FOR THE COLONIES
Code
PRIORITY
No. 1073
FROM HONG KONG (0.A.G.)
D. 18th September, 1950. R. 18th
11.30 hrs.
17
Another incident between police and three armed robbers
occurred in the New Territories yesterday when I regret to report that
Chinese constable Tang Kei was killed. An armed robbery occurred early
on 16th September and valuable property was taken. On 17th September the
police located the robbers who were armed with guns and hand grenades.
In the ensuing fight one robber was shot dead and the other two
captured, one of them seriously wounded. All the stolen property was
recovered.
2. There were no other police casualties, which were minimised by the
use of bullet-proof waistcoats, two British officers being saved from
injury by that means.
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BANDIT Leader killed
Bullet-proof waistcoats saved the lives of three British police officers
in a clash with three armed bandits in Kwangtung Province, in Southern
China and opposite Hongkong, yester- day, said Reuter. The leader of the
bandits and a Chinese police con- stable were killed, and the other
bandits, one of whom carried a Mills bomb. Were arrested.
17A.
Daily intagraph. 18/9/30
+
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PERSONAL & SECRET
GOVERNMENT HOUSE
HONG KONG.
13th September, 1950.
(13)
dear Parkin
I'my dear
In my secret savingram No.116 of 6th September I addressed you on the
subject of the proposed Emergency Regulation No.116A, and I ex- plained
why I considered that this regulation should be enacted. In particular I
mentioned that public opinion would be behind us if we did enact it and
in this connection I enclose a copy of an ediorial which appeared in the
"China Mail" yesterday on this subject. There is no doubt that a large
part of the population here would welcome the strengthening of
Government's hand in dealing with the dangerous situation arising out of
the unlawful possession of arms and the use of grenades.
ww
Jum
Wh
J.J. Paskin, Esq., C.M.G.,
Colonial Office,
London.
Enc.
(J.F// NICOLL)
18
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CRIME AND PUNISHMENT
EXTRACT FROM THE "CHINA MAIL" OF TUESDAY, 12th
SEPTEMBER 1950.
are
False alarms may all be part of the day's work for Fire Brigade and
Police Force alike. But when they raised by "practical jokers" it really
is a serious business. The police here have a tough job tougher than any
other organisation. They are doing it singularly well. But it is no joke
no joke at all-to send them rushing all over the place as they did. on
Saturday night, following a report that proved to be false. It isn't
merely a question of wasted energy, still less of mortification of
"face." The perils of such incidents in creating a diversion of atten-
tion and effort while a gang of gunmen may pick on quite a different
district for a coup need no illustration,
The police in Hong Kong have little spare time on their hands. They are
kept pretty busy in one way and another, and not least in the preven-
tion as well as the detection of crime. From time to time the public is
shocked into awareness of the dangers below by some spectacular coup,
such as a bank robbery, a raid on a goldsmith's shop, or the shooting
affair near Tsunwan. They reveal how bold and desperate are the type of
criminals in our midst. They also remind us, by evocation of the spirit
of contrast, how relatively peace- ful and placid are the lives of most
of us in this overcrowded Colony.
That is not due to the scarcity of men of the criminal class, but to the
unceasing vigilance of the police. When these people get away with a
sensational coup, it becomes a nine days' wonder. The cases heard almost
daily in the Courts make no such im- pression. Very often the re- ports
are not even read. Yet they show just as clearly thei type of the
enemies of society | who have managed to get here.
!
|
There was a time in im- portant trading centres and ports in this part
of the world after the last war when the battle between crime and law
and order went to the criminal, and neither life nor property was safe.
They were nasty places to live in. A great task had to be done to swing
the balance the other way, and it was done. And because it was done, and
banks, godowns and shops not to speak of human life- became reasonably
secure once more, trade boomed. Conditions were favourable to trade, but
demand and supply would not function without basic law and order. But
when the police do get on top, they have to stay there, and the battle
is always going on.
The percentage of offen- ders caught before or after offences are
committed is very high in Hong Kong. Courts and prisons are filled to
con- gestion. Those who take the trouble to read the Annual Reports on
the Police Force and they are not many-will note that the Police
prosecute some 200 cases annually of possession of lethal weapons.
Already this year 126 persons have been produced before the Supreme
Court who were
ous
arrested in possession of arms, either in connection with seri- crimes
or because the circumstances
of their pos- session caused them to be regarded as dangerous per- sons.
These do not include minor cases of possession taken in the lower
courts, nor Supreme Court cases in which culprits have been ar- rested
but the weapons have not been recovered. In each and every case of this
serious nature police officers have had to risk their lives. One act of
prevention may save not one crime but several.
Questions have been asked as to whether the local Police possess
bullet-proof waist- coats. They do, and in every way they are well
equipped. But there is another question which does need attention. The
real restraint upon the commission of crime consists in the punishments
inflicted upon those convicted, more especially those with pre- vious
convictions and those convicted of epidemic and |very serious offences,
such as the use of weapons.
The significance of the re- curring figures of crime with violence or
unlawful posses- sion of arms, is that despite the heavy penalties
imposed, there has been no reduction. of Indeed the tendency criminals
to use the firearms indiscriminately seems to be increasing. That raises
the question of whether the penalties are not still inade- quate, and
whether the "cat" and even the death penalty should not be considered.
More deterrent penalties could also be extended in cases of serious
crime that is less re- current. Last year the Police dealt with more
than 153,000
reports. Many were minor of- fences, and many baseless, but they have to
be investi- gated. The very large num- bers of minor offences cannot be
ignored if this congested Colony is to be maintained under reasonable
conditions of freedom from muisance, obstruction and danger to health.
Of this enormous total of reports, only 9,906 came un- der the heading
of serious of- fences, of which no less than 44% were detected, which;
would be good work even un- der far better conditions than obtain here.
But the burden is heavy and the time has come to consider whether it
cannot be lightened some- what by taking a realistic view of present
circumstances here and making the punish- ment fit the crime.
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X
flue
Draft
File No.
* SAYINGRAM
TELEGRAM/ Jurmediate."
To:-
*
*The word Priority may be encerad hard, if necessary,
GOVERNOR,
HONG KONG
14237/15/
Sent. T
урет
Mr. Hall 20/9
Repeated to:-
Mr. Sidabotham 214
Mr. Paskin
MI
Sir C. Jeffryg
Permt. U.S. of S. Parly. U.S. of
S. of S.
2275
2219
at mid
Priority:
Nil.
Reply urgently required. Important.
X Immediate. X
Most Immediate.
See 20.
To be transmitted
In Glene--
Cypher
TYPEX.)
8 15
hours.
22/4/1950-
No. 1468
Restricted,
Confidential.
X Secret. X
Top Secret and Personal.
No comments yet.
Private notes are available after approval.