GPS350
CONFIDENTIAL
FM HONG KONG
TO DESKBY 2410007 FCO
TELNO 2303
OF 2406557 OCTOBER 85
CONFIDENTAL
248
240
TOP COPY
ник очень 02716
RECEIVED PERACISTRY
2 4 OCT 1985
INFO PRIORITY PEKING
MR RENTON'S VISIT: BRIEF ON CAPITAL PUNISHMENT
LINE TO TAKE.
INDEA
PA
1. PRISONERS SERVING LIFE IMPRISONMENT AS A RESULT OF COMMUTED
DEATH SENTENCES HAVE THE IR CASES PEVIEWED BY A BOARD OF REVIEW AFTER FOUR YEARS INITIALLY AND EVERY TWO YEARS, THEREAFTER. WHERE THERE ARE CONSIDERED TO BE SUFFICIENTLY STRONG GROUNDS TO JUSTIFY SUCH
ACTION, THE BOARD MAY SUBMIT A RECOMMENDATION TO THE GOVERNOR TO
IMPOSE A DETERMINATE SENTENCE. THE BOARD DOES SO VERY INFREQUENTLY
AND HAS MADE NO RECOMMENDATIONS FOR EARLY RELEASE IN RECENT YEARS.
BACKGROUND.
2. A PERSON CONVICTED OF MURDER IN HONG KONG MUST BE CONDEMNED
TO DEATH BY SENTENCE OF THE HIGH COUPT. THE ROYAL INSTRUCTIONS PROVIDE THAT A PERSON SO CONDEMNED HAS A RIGHT TO HAVE HIS CASE REVIEWED BY THE EXECUTIVE COUNCIL, THE RIGHT TO PARDON OR REPRIEVE RESTING WITH THE GOVERNOR.
3. IF THE GOVERNOR DECLINES TO EXERCISE HIS RIGHT OF PARDON CR REPRIEVC, THE PRISONER HAS THE RIGHT TO PETITION HM THE QUEEN. THE QUEEN, IN REACHING HER DECISION, ACTS UPON THE ADVICE OF THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS. IN TENDERING HIS ADVICE TO THE QUEEN, THE SECRETARY OF STATE MUST
TAKE INTO ACCOUNT THE LIKELY REACTION IN THE UNITED KINGDOM
PARLIAMENT. RECENT SECRETARIES OF STATE HAVE BEEN OF THE OPINION THAT THEY WOULD NOT BE SUPPORTED IN THE HOUSE OF COMMONS IF
THEY WERE TO ADVISE THAT THE DEATH SENTENCE BE CARRIED OUT IN HONG
KONG.
CONFIDENTAL
14.
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