us of changing the laws of Hong Kong in a fundamental way during the transitional period, in contravention of the Joint Declaration. Given the timing of the Criminal Justice Bill (late November) following the enactment of
the Hong Kong Bill of Rights, the Chinese are likely, however erroneously, to perceive a link.
(vi) We suggest that the question of how to get round Hong Kong's sensitivities, while dealing with the problem in the other Dependent Territories, should then be addressed in a separate paragraph on the following lines:
"For these reasons we have considered carefully whether it might be possible to deal separately with the issues posed in our other Dependent Territories.
There appear to be three possible options:
(as
a) To enact legislation which applied only to Bermuda Sir D Wilson has suggested). But this would be unacceptable to the Bermudian authorities and we suspect to public opinion here.
b) To enact legislation which applied only to Bermuda and the Caribbean Dependent Territories. Like option a), this would have advantages from the point of view of Hong Kong's autonomy, but the absence from the Bill of any provision for Hong Kong would be bound to attract attention when the Bill was debated in Parliament. c) To provide for the abolition of capital punishment in all the Dependent Territories, but to make its entry into force dependent on a separate Order in Council being made for each territory. This option would leave it open to the Government to decide to which Dependent Territories to apply the clause. Option b) would not give them this right as far as Hong Kong is concerned. The Governor, for reasons of autonomy, favours option b) because this would be seen as excluding Hong Kong from the possibility of action under this clause thus making clear that the question of capital punishment is a matter for Hong Kong's autonomy.
(vii) We would be grateful if PS/Mr Maude could be added to the list of copy addressees and if the last sentence of para 2 of the draft submission could be amended to read "UND agree. HKD and their Legal Advisers have been consulted."
Rosind Hard
R M Marsden
BUGACU
CONFIDENTIAL