CONFIDENTIAL
Mis Krafsden
d. we send a telegram non to the Governor to but him know that the Criminal Instrci bill Ider has been given the Kumbs down-or wait for the Secretary & state's decision?
1826/7
HKB 380/1
30
PS
FIVES
Ր G1990
NDE.
prinishmand flo
FROM: DATE:
PS/Mr Lennox-Boyd
25 July 1990
CC:
PS/Mr Garel-Jones
PS/Lord Caithness PS/PUS
Mr McLaren
Mr Beamish
UND
KS 347
HKD
Legal Advisers
Policy Planning Staff
PRU
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
1.
31
Mr Lennox-Boyd has studied Mr Gorham's submission of 23 July and Mr Beamish's minute of 24 July. He was also glad to have had the chance to discuss this issue with Mr Gorham and Mr Beamish, since the issue poses substantial problems, not least on the political front.
2. The most immediate problem relates to the possible execution of the convicted murderer in Anguilla. An execution date must be set by the end of this month and, unless the sentence is commuted, the execution would take place in mid-September. Mr Lennox-Boyd is clear, however, that this execution must not take place.
3.
Mr Lennox-Boyd is also clear that we should avoid legislation (in the form of an amendment to the Criminal Justice Bill) at all costs. There are a variety of reasons:
i) He envisages a serious row within the Conservative party even if, as would be essential, this particular clause were subject to a free vote. (In this context it is worth recalling that on the last occasion when the House debated the possible reinstatement of the death penalty in the UK, this was rejected by 341 votes to 218. The occasion was a proposed amendment to the Criminal Justice Bill in June 1988).
ii)
The proposed FCO amendment would only empower HMG to introduce abolition legislation by Order in Council. We would only propose to make Orders for the five Caribbean Dependent Territories. But we could expect other amendments to be tabled (eg inspired by Amnesty International) to abolish the death penalty in Hong Kong. The Governor of Hong Kong has already indicated the difficulties he would face if the question of capital punishment in Hong Kong were re-opened (Annex E below).
CONFIDENTIAL
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