CONFIDENTIAL
Hic B 380/1
CONFIDENTIAL
FM FCO
ECEIVED.
0 1AUG 1990
TOP COPY
RA
Q DIST ?
TO IMMEDIATE HONG KONG
TELNO
1406
OF 23133OZ JULY 90
INFO PRIORITY UKREP JLG HONG KONG, PEKING
17
173435 MDHOAN 2978
PERSONAL FOR GOVERNOR FROM MARSDEN HKD
16
MY TELNO 1273 AND YOUR TELNO 2250 (REPEATED TO COPY ADDRESSEES): CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
1.
WE WERE GRATEFUL FOR THE ASSESSMENT AND ADVICE IN YOUR TUR, WHICH WILL BE REFLECTED IN A SUBMISSION TO MINISTERS.
2. IN ORDER TO ENSURE THAT HONG KONG'S CONCERNS ARE TAKEN FULLY INTO ACCOUNT, WE THINK IT WOULD BE WORTH GIVING MORE
CONSIDERATION TO THE CHINESE ANGLE (TOUCHED ON IN PARA 6(D) OF FIRST TUR). WE ALREADY EXPECT TO HAVE A DIFFICULT TIME WITH THE CHINESE OVER THE BILL OF RIGHTS WHERE THE CHINESE HAVE ACCUSED 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 INTRODUCTION OF THE CRIMINAL JUSTICE BILL (LATE NOVEMBER) SHORTLY AFTER THE EXPECTED ENACTMENT OF THE BILL OF RIGHTS, THE CHINESE ARE LIKELY, HOWEVER ERRONEOUSLY, TO PERCEIVE A LINK.
3. IT WOULD BE HELPFUL TO HAVE YOUR AND COPY ADDRESSEES' VIEWS OF THEIR LIKELY REACTION.
4. WITHOUT WISHING TO ANTICIPATE MINISTERS' DECISIONS, WE WOULD ALSO FIND IT HELPFUL IF YOU COULD ELABORATE A LITTLE MORE ON WHICH OF THE OPTIONS SPELT OUT IN YOUR TUR YOU JUDGE TO BE THE LEAST UNDESIRABLE FROM HONG KONG'S POINT OF VIEW. WE TAKE YOUR POINT THAT TO ABOLISH CAPITAL PUNISHMENT IN HONG KONG BY MEANS OF LEGISLATION IN THE UK WORKS AGAINST OUR OBJECTIVE OF STRENGTHENING HKG'S AUTONOMY DURING THIS DELICATE TRANSITION PERIOD. WE ALSO NOTE THAT YOU CONSIDER OPTION C (IE TO PROVIDE FOR THE ABOLITION OF CAPITAL PUNISHMENT IN ALL DEPENDENT TERRITORIES, WITH ENTRY INTO FORCE IN EACH TERRITORY TO BE DEPENDENT ON A SEPARATE ORDER IN COUNCIL) QUOTE THE WORST OF ALL WORLDS UNQUOTE. MAY WE TAKE IT THAT YOU THEREFORE REGARD OPTION B AS OFFERING THE FEWEST DISADVANTAGES, SHOULD MINISTERS DECIDE
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