Mr Clare

WIAD

Rey Pls Cle away.

28

Reference..

CONFIDENTIAL

FROM: M Stone

HONG KONG DEPARTMENT

10/11

DATE: 10 November 1989

DEPENDENT TERRITORIES: CAPITAL PUNISHMENT

26

HKB 380 |

un 14/4

1.

You will have seen our telno 2269 to Hong Kong and their reply

HK telno 3738.

2. I share your and UND's concern not to draw out the differences

between Hong Kong and the Caribbean DTs and I believe paragraph 1 on page 2 is sufficiently broad to accommodate Hong Kong.

3. Hong Kong have suggested that the third tiret on page 3 does not

reflect the position in Hong Kong and have referred to their

telno 863 which we accepted. I am not clear whether the Creech- Jones doctrine does not apply to Hong Kong, but if it does, then

presumably HK telno 863 is factually incorrect. That aside, I

wonder where the third tiret is not infact adequate. It is silent

on the prisoners' right to appeal to the Queen. Presumably if the

Queen did decide to exercise clemency, the Governor would take that into account in arriving at his decision.

4. I therefore suggest that he draft is adequate and that the

first sentence on page 2 be amended to read "Broadly the situation

is the same in all DTs. Once the judicial.......

11

CODE 18-77

ROZAQW

CONFIDENTIAL

Miel sue

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