Mr Gorham WIAD
HKB 380 /
RECEIVED IN DE
10 JUL 1990
DESH
INDEX Í
From: Mr Chamberlain
Deputy Legal Adviser
Date: 2 July 1990
Miss Evans, UND
CC:
Mr Paul, HKD
Mr Butt, Policy Planning Staff
CAPITAL PUNISHMENT
attached.
1. I refer to your minute of 29 June which attached a draft submission and letter from the Secretary of State to the Home Secretary.
2. The draft submission makes it clear that Hong Kong is not included in the exercise. However the draft letter to the Home Secretary proposes that there should be a clause in the Criminal Justice Bill providing for the abolition of capital punishment in the "Dependent Territories". On the face of it therefore, Hong Kong would be included in the Bill. If Hong Kong is to be excluded from this exercise then it would be necessary for the clause in the Bill to specify that it applies only to Bermuda and the Caribbean DTS. Alternatively, the clause could provide for the abolition of capital punishment in all Dependent Territories but make its entry into force dependent on a separate Order in Council being made in respect of each Dependent Territory. Either way, Ministers will have to justify the exclusion of Hong Kong from this exercise. Hong Kong Department are in a better position than I to advise on the point but it strikes me that there may well be considerable Parliamentary pressure on Ministers for the arrangements to apply to Hong Kong so that the abolition of capital punishment in Hong Kong is on the statute book prior to 1997. While it may well be right that Hong Kong should be excluded from this exercise in view of the different considerations that apply there, I do think the Hong Kong angle needs to be brought out rather more fully in the draft submission and letter to the Home Secretary.
3. You asked me whether there were any additional points we could make to the Home Office which would strengthen our
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