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indeed some illogicality in the Chinese argument, given their
position on LegCo.
Death Penalty
7.
Mr Michael Jopling asked how HMG's relationship with the Hong Kong Government worked in practice as far as the death penalty was concerned and whether any discussions had been held with the Chinese on the position after 1997.
He
8.
Mr McLaren said that while the death penalty for murder remained on the statue book and was regularly imposed by the Hong Kong Courts, it was invariably commuted by the Governor on the advice of ExCo. No death sentence had been carried out since the 1960s. explained the background. We had had no discussions with the Chinese about the position after 1997 but the death penalty would remain on the statute book. Public opinion in Hong Kong was overwhelmingly in favour of retaining the death penalty for murder. But it would be a matter of great concern if the death penalty was also extended to lesser offences as was currently the case in China. However, Chinese law would not apply after 197: any change in the present position would require the passage of new legislation by the Legislative Council of the HKSAR.
Public Order
9.
Mr Ivan Lawrence asked if the PLA would have a role in maintaining public order and public order and whether PLA forces would be answerable to the Hong Kong Courts or the Peking Courts if
they committed atrocities in the process. Mr Bowen Wells also asked whether the PLA would be subject to Chinese military law or the laws
of Hong Kong.
10.
Mr McLaren explained that Mr Lawrence's point was covered by of Article 14 of the Basic Law. While the PLA would be subject to its own military laws, it would also have to abide by the civilian laws
of the HKSAR.
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