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CONFIDENTIAL
127030
MDHOAN 2064
HOWEVER, WOULD PLACE THE MATTER IN ITS RELATIVELY MINOR CONTEXT IN THE EYES OF PUBLIC OPINION IN THIS COUNTRY. IT WOULD ENABLE US TO ABOLISH CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
WITH THE MINIMUM OF CONTROVERSY.
5.
THE DIFFICULTY, OF COURSE, IS THAT IF WE WERE TO INSERT A CLAUSE IN THE CRIMINAL JUSTICE BILL PROVIDING FOR THE ABOLITION OF CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES, HONG KONG WOULD ON THE FACE OF IT, BE INCLUDED IN THE BILL. THE PRELIMINARY ADVICE OF OUR LEGAL ADVISERS IS THAT, IF HONG KONG WERE TO BE EXCLUDED FROM THIS EXERCISE, IT WOULD BE NECESSARY FOR THE CLAUSE IN THE BILL TO SPECIFY THAT IT APPLIES ONLY TO BERMUDA AND THE CARIBBEAN DEPENDENT TERRITORIES. ALTERNATIVELY, THE CLAUSE COULD PROVIDE FOR THE ABOLITION OF CAPITAL PUNISHMENT IN ALL DEPENDENT TERRITORIES, BUT MAKE ITS ENTRY INTO FORCE DEPENDANT ON A SEPARATE ORDER IN COUNCIL BEING MADE IN RESPECT
OF EACH DEPENDENT TERRITORY.
IT IS CLEAR FROM THIS THAT IT WOULD BE IMPOSSIBLE TO CONSIDER THIS ISSUE WITHOUT TAKING FULL ACCOUNT OF THE HONG KONG IMPLICATIONS, WHICH INVOLVE A NUMBER OF SENSITIVITIES. AS SEEN FROM HERE, THE FOLLOWING CONSIDERATIONS ARE PARTICULARLY RELEVANT:
(A) PUBLIC OPINION IN HONG KONG, AT LEAST AT GRASS ROOTS LEVEL, SEEMS TO BE STILL STRONGLY IN FAVOUR OF THE DEATH PENALTY, NOTWITHSTANDING THE APPROACH OF 1997. I RECALL THAT YOU MENTIONED LAST WEEK THAT THERE HAD BEEN NO PUBLIC OUTCRY IN THE TERRITORY FOLLOWING THE RECENT EXECUTION IN MALAYSIA OF
SIX HONG KONG PEOPLE CONVICTED ON DRUGS CHARGES.
(B) THERE HAVE BEEN NO EXECUTIONS IN HONG KONG SINCE THE LATE 1960S, AND ALTHOUGH DEATH SENTENCES ARE REGULARLY HANDED DOWN BY THE COURTS, THEY ARE INVARIABLY COMMUTED BY THE GOVERNOR. THERE IS THEREFORE NO NEED FOR PARTICULAR ACTION IN RESPECT OF HONG KONG NOW, ALTHOUGH THERE IS A QUESTION WHETHER THE CREECH-JONES DOCTRINE WILL COME INTO PLAY WHEN THE MAJORITY OF LEGCO ARE ELECTED BY ONE MEANS OR ANOTHER IN 1991.
(C) IT WOULD BE POLITICALLY VERY DIFFICULT, IF NOT IMPOSSIBLE, TO ABOLISH CAPITAL PUNISHMENT IN THE SMALL DEPENDENT
TERRITORIES, AND NOT IN HONG KONG.
(D) IF STEPS WERE TAKEN TO END THE DEATH PENALTY IN ALL