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нка_020 HKK 020/ lim
- 3 JUL 1979
Q/S 630
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FM PEKING 0203602 JUL 79
INC
TO PRIORITY FCO
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38
NU.
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4.
TELEGRAM NUMBER 603 OF 23 JUNE
INFO ROUTINE GOVERNOR HONG KONG, WASHINGTON, MOSCOW, TOKYO. SAVING TO ULAN BATOR, SINGAPORE, RANGOON, ISLAMABAD, NEW DELHI.
PEKING TELNO.594: THE NATIONAL PEOPLE'S CONGRESS.
LEGAL ITEMS.
1.
THE CONGRESS HAS NOW HEARD EXPLANATIONS BY PENG ZHEN, THE
CHAIRMAN OF THE NPC LEGAL COMMISSION, ON SEVEN DRAFT LAWS SUB-
MITTED FOR APPROVAL. WE UNDERSTAND THAT THE FULL TEXTS OF THE
LAWS WILL BE PUBLISHED IN DUE COURSE.
VQE HOST IMPORTANT LAW IS A CRIMINAL CODE, FILLING A GAP
WICH HAS EXISTED FOR NEARLY THIRTY YEARS. PENG DEFINED THE
OBJECTIVES OF THE LAW AS TO DEFEND SOCIALIST PROPERTY AND LEGIT-
IMATE PRIVATE PROPERTY AND TO PROTECT THE PERSONAL RIGHTS OF THE
CITIZEN. CAPITAL PUNISHMENT IS RETAINED BUT SHOULD BE USED AS SPARINGLY AS POSSIBLE. CAPITAL OFFENCES INCLUDE COUNTER-REVOLUTION-
ARY CRIMES OF A SERIOUS NATURE, MURDER, RAPE AND A NUMBER OF OTHER
GFENCES. THERE IS SOME EVIDENCE FROM THE PRESS THAT THE RETENTION
OF THE DEATH PENALTY FOR POLITICAL CRIMES MAY HAVE BEEN A CONTRO-
GRSIAL DECISION. A PROVISION IN THE LAW FORBIDS INSULTS OR
LIDEL' BY WALL POSTER, IT IS ALREADY BEING EXPLAINED THAT THIS
IS A NECESSARY SAFEGUARD WHICH IN NO WAY CONFLICTS WITH THE CITIZEN'S
RIGHTS TO EXPRESS HIS VIEWS FREELY.
3. THE SECOND LAW DEALS WITH CRIMINAL PROCEDURE. EMPHASIS IS
LAID ON THE INDEPENDENCE OF JUDICIAL ORGANS AND ON THE NEED FOR
CONCLUSIVE EVIDENCE OF GUILT. AN ACCUSED PERSON IS GUARANTEED
THE RIGHT TO DEFEND HIMSELF OR ENTRUST HIS DEFENCE TO A LAWYER.
TEH EXTORTION OF CONFESSIONS BY TORTURE IS STRICTLY FORBAIDDEN.
PERJURY WILL BE DEALT WITH SEVERELY.
RESTRICTED
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