CONFIDENTIAL
AI
135340 MDLOAN 5206
CONFIDENTIAL
FM FCO
TO ROUTINE HONG KONG
TELNO 1594
OF 29173OZ AUGUST 90
INFO ROUTINE UKREP JLG HONG KONG, PEKING
37
TOP COPY ODIST?
PERSONAL FOR ACTING GOVERNOR FROM PAUL, HKD YOUR TELNO 2525: CAPITAL PUNISHMENT
1.
HKB 380
SY
05 CEP 1990
THE FOLLOWING LINE TO TAKE HAS NOW BEEN
CLEARED BY OUR LEGAL ADVISERS, BUT WE WOULD STRESS THAT IT IS ONLY FOR DEFENSIVE USE AND ONLY IF YOU ARE PRESSED.
(I) THERE HAVE ONLY BEEN THREE CASES OF CAPITAL PUNISHMENT IN
THE DEPENDENT TERRITORIES SINCE ITS ABOLITION IN THE UK FOR
CASES OF MURDER.
(II) THERE HAVE BEEN NO CASES OF CAPITAL PUNISHMENT IN THE DTS
SINCE 1977.
(III) THE SECRETARY OF STATE IS ULTIMATELY ANSWERABLE TO THE UK
PARLIAMENT FOR THE GOOD GOVERNMENT OF THE DTS.
(IV) HMG THEREFORE WISHES TO ENSURE THAT AS FAR AS POSSIBLE DT
GOVERNORS FOLLOW UK LEGISLATION AND PRACTICE IN ALL APPROPRIATE
AREAS OF GOVERNMENT.
(V)
IN THE LIGHT OF THE CLEARLY EXPRESSED VIEWS OF THE BRITISH PARLIAMENT IN THE RETENTION OF CAPITAL PUNISHMENT IN THE UK, HMG WOULD BE SEVERELY CRITICISED IN PARLIAMENT IF IT EVER PERMITTED THE DEATH PENALTY TO BE CARRIED OUT IN A DT.
(VI) OUR PREFERRED SOLUTION TO ACHIEVE THE ABOLITION OF CAPITAL PUNISHMENT IN THE DTS WOULD BE FOR THEM TO PASS THE NECESSARY LOCAL LEGISLATION, BUT IN THE ABSENCE OF A DISPOSITION TO DO SO WE WOULD APPEAR TO BE LEFT WITH NO CHOICE BUT TO TAKE THE NECESSARY ACTION IN LONDON.
FURTHER BACKGROUND WAS CONTAINED IN OUR TELNO 1420 OF 25 JULY.
2.
WE WISH TO AVOID PROVOKING ANY DISCUSSION ABOUT THE
ABOLITION OF CAPITAL PUNISHMENT IN THE CARIBBEAN DTS UNTIL (A) THE SECRETARY OF STATE HAS WRITTEN TO THE LORD PRESIDENT OF THE COUNCIL AND HIS OTHER COLLEAGUES TO SET OUT OUR PROPOSED COURSE OF ACTION AND (B) GOVERNORS OF THE DTS HAVE BEEN INSTRUCTED TO CONSULT THEIR EXECUTIVE COUNCILS ACCORDINGLY.
SHALL BE SUBMITTING SHORTLY TO THE SECRETARY OF STATE A DRAFT
AGREED WITH THE HOME OFFICE AND WILL LET YOU KNOW WHEN FURTHER
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