CONFIDENTIAL
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CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 2169
OF 19100OZ DECEMBER 91
TOP COPY Q DIST?
INFO PRIORITY PEKING, UKREP JLG HONG KONG, HONG KONG
(5
YOUR TELNO 3771: CAPITAL PUNISHMENT
1.
THANK YOU FOR TUR GIVING US THE OPPORTUNITY TO GIVE OUR VIEWS ON THE MEASURES YOU HAVE CONSIDERED TO REPLACE THE SENTENCE OF CAPITAL PUNISHMENT IN HONG KONG, AND ON THE PROPOSALS YOU INTEND TO PUT TO EXCO. WE HAVE NO TROUBLE WITH THE THREE MEASURES SPELT OUT IN PARA 2 OF TUR. HOWEVER, YOU MAY WISH TO BEAR IN MIND THAT IN THE UK THE INTRODUCTION OF MANDATORY LIFE SENTENCES, EVEN WITH A RIDER, PROMPTED CONSIDERABLE PUBLIC AND PARLIAMENTARY CRITICISM.
2.
IT WILL, AS YOU SAY, BE IMPORTANT TO DEAL WITH THE PROBLEM OF THOSE PRISONERS WHO ARE ALREADY SERVING COMMUTED DEATH SENTENCES. IT WOULD CERTAINLY BE VERY DIFFICULT TO EXPLAIN HERE ANY ARRANGEMENTS WHICH LEFT SOME PEOPLE STILL UNDER SENTENCE OF DEATH AFTER THE PENALTY HAD BEEN REMOVED FOR SUBSEQUENT OFFENDERS. IT WOULD, INCIDENTALLY, BE HELPFUL TO KNOW HOW MANY PRISONERS THERE ARE IN THIS CATEGORY. WE NOTE THE ASSURANCE IN YOUR PARA 4 THAT ARTICLE 12(1) OF THE BILL OF RIGHTS WILL ENSURE THAT THOSE WHOSE TRIALS ARE IN PROGRESS DURING THE PASSAGE OF THE BILL TO REMOVE THE DEATH PENALTY WILL BE ENTITLED TO BENEFIT FROM THE BILL'S PROVISIONS.
3. WE NOTE THAT YOU INTEND TO CONSULT EXCO IN JANUARY AND INTRODUCE THE LEGISLATION INTO LEGCO IN EARLY MARCH. THIS WILL NOT CAUSE US DIFFICULTY. SINCE THE LETTERS PATENT (LP XV) AND THE ROYAL INSTRUCTIONS (RI XXXIV) REGULATE THE EXERCISE OF THE GOVERNOR'S PARDON, NOT THE IMPOSITION OF THE PENALTY ITSELF, OUR ADVICE IS THAT THEIR AMENDMENT NEED NOT AFFECT THE TIMING OF THE PASSAGE OF THE BILL THROUGH LEGCO.
4. YOU WILL NO DOUBT BE CONSIDERING WHEN, AND HOW, TO INFORM THE CHINESE. WE SHOULD BE INTERESTED IN THE VIEWS OF PEKING ON THIS POINT AND ON WHETHER THERE IS ANY REAL RISK OF THE CHINESE CHOOSING TO CONTEST THESE MEASURES BECAUSE THEY MIGHT SEEM INSPIRED BY MARTIN LEE (EVEN THOUGH IT WOULD BE OPEN TO A FUTURE LEGISLATURE
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