CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 2246
OF 23170OZ NOVEMBER 90
53
57
126213
MDHOAN 2231
CONFIDENTIAL
pr.
нив 380 /
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27 NOV 300
TUP COPY Q DIST? ?/
CORRECTED VERSION
OUR TELNO 2203: PQ ON CAPITAL PUNISHMENT
1. WE HAVE AMENDED THE ANSWER AS SUGGESTED IN YOUR TELNO 3438. BUT WE NOW NEED TO PROVIDE SOME SUPPLEMENTARIES. WE WOULD BE GRATEFUL FOR ANY AMENDMENTS, COMMENTS OR ADDITIONAL THOUGHTS ON PARA 2 BY 26100OZ NOVEMBER.
2 (I) QUESTION: IF IN PRACTICE THE DEATH PENALTY IS NO LONGER APPLIED, WHY KEEP IT ON THE STATUTE BOOK?
ANSWER: PRESENT ARRANGEMENTS HAVE WORKED WELL. THEY ARE
WIDELY UNDERSTOOD AND ACCEPTED IN HONG KONG.
(II) QUESTION: BUT WHAT WILL HAPPEN AFTER 1997? IF CAPITAL PUNISHMENT REMAINS ON THE STATUTE BOOK MIGHT NOT THE CHINESE GOVERNMENT BE TEMPTED TO USE IT AND PERHAPS TO EXTEND ITS
APPLICATION MORE WIDELY, EG FOR ECONOMIC CRIMES?
ANSWER: THE JOINT DECLARATION PROVIDES THAT THE HONG KONG SAR WILL HAVE LEGISLATIVE AND INDEPENDENT JUDICIAL POWER, INCLUDING THAT OF FINAL ADJUDICATION. THE LAWS CURRENTLY IN FORCE IN HONG KONG WILL REMAIN BASICALLY UNCHANGED. THE JUDICIAL SYSTEM PREVIOUSLY PRACTISED IN HONG KONG WILL BE MAINTAINED. THERE IS NO QUESTION OF THE DEATH PENALTY BECOMING AVAILABLE FOR A WIDER RANGE OF CRIMES THAN AT PRESENT UNLESS THE HKSAR LEGISLATURE ITSELF SHOULD PASS FRESH LEGISLATION. (III) QUESTION: BUT WITHOUT THE KNOWLEDGE THAT THE SECRETARY OF STATE WOULD SUPPORT A PETITION TO THE QUEEN, THE HKSAR GOVERNMENT MAY BE MORE LIKELY TO CARRY OUT THE DEATH SENTENCE.
ANSWER: THIS WILL BE A MATTER FOR THE SARG, BUT WE EXPECT IT TO BE INFLUENCED BY PREVIOUS HONG KONG PRACTICE. IF WE WERE TO REMOVE THE DEATH PENALTY FROM THE STATUTES BEFORE 1997, IT WOULD BE OPEN TO THE SAR LEGISLATURE TO REINSTATE IT AFTER 1997.
(IV) QUESTION: WHAT ABOUT PRISONERS WHO ARE CONVICTED BEFORE 1997 BUT WHOSE PRISON SENTENCE EXTENDS AFTER 1997?
ANSWER: THEY WILL CONTINUE TO BE HELD UNTIL THE END OF THEIR SENTENCE UNDER THE SAME LEGAL AND PENAL SYSTEM WHICH WILL REMAIN UNCHANGED.
(V)
QUESTION: WHAT ABOUT PEOPLE WHO COMMIT CAPITAL OFFENCES
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