HOUSE
OF
LORDS
I note your comments re. The International Covenant on Civil and Political Rights; which the PRC have neither signed, ratified or acceded to; and in particular assurances contained within Article 15. The Article states:
'1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed.'
The national law of China was amended on March 3, 1982, effective April 1st 1982, by Standing Committee of the National Peoples Congress adopting following amendment to Article 152 of the criminal Law:
•
With respect to... the crime of theft in Article 152... (the) sentencing is supplemented or revised as follows: when the circumstances are particularly serious, the sentence is to be not less than ten years of fixed term imprisonment, life imprisonment or death.'
My concern is that the International Covenant does not, by way of example in the above circumstances of 'economic crime ' prevent the imposition of the death penalty for any crime committed in Hong Kong after April 1st 1982 or indeed in the case of offenders extradited from UK to HK prevent additional charges being laid by the HK SAR post 1997.
I wonder, in view of the details I have elucidated to explain my concern, you are able, in addition to assurances already requested above, to confirm that the Government has negotiated, and that the Basic Law of the HK SAR will contain guarantees that will ensure that any fugitive returned to HK, under provisions of FOA 1967, before 1997, and subsequestly surrendered to sovereign power of PRC will;
1. Not be charged with any offence other than those listed in 4 (3) a.b.c. of FOA 1967.
2. Be guaranteed the rights embodied in 4 (3) of FOA 1967. 3. Not face the death penalty for any offence committed before 1997.
Yours sincerely,
Michicken
The Earl of Winchilsea & Nottingham, Liberal Peers Room, House of Lords, Westminster, London SWIA OPW
Telephone: 01- 219 3179 Assistant: Kevin Cahill 01- 833 3086