CONFIDENTIAL
FM HONG KONG
TO PRIORITY F C O
TELNO 3771
OF 040635Z DECEMBER 91
AND TO PRIORITY PEKING
48
CONFIDENTIAL
MAB 380/1 Мав
P.9. Cap Page
05307 MDLIAN 40
TOP COPY Q DIST?
OUR TELNO 2758 CAPITAL PUNISHMENT
WE HAVE CONSIDERED FOUR OPTIONS AS REPLACEMENT SENTENCES FOR CAPITAL PUNISHMENT, NAMELY:
(I)
(II)
(III)
(IV)
2.
REPLACEMENT BY THE MANDATORY SENTENCE OF LIFE IMPRISONMENT. OUR REVIEW AND REMISSION SYSTEMS WOULD OF COURSE ALLOW SUBSEQUENT REMISSION OF ANY LIFE SENTENCE AT A LATER DATE:
ATTACHMENT OF A RIDER TO THE MANDATORY SENTENCE TO ALLOW THE COURT TO RECOMMEND THE MINIMUM PERIOD TO BE SERVED PRIOR TO CONSIDERATION BEING GIVEN TO RELEASE OF THE PERSONS SENTENCED, AS IS THE CASE IN ENGLAND AND WALES, AND/OR TO RECORD ANY FACTORS THAT IT THINKS SHOULD BE TAKEN INTO ACCOUNT AS AND WHEN THE SENTENCE IS REVIEWED IN LATER YEARS:
REPLACEMENT BY A MAXIMUM SENTENCE OF LIFE IMPRISONMENT:
OR
REPLACEMENT BY A BROAD SENTENCING RANGE WITH BOTH MINIMUM AND MAXIMUM PERIODS.
WE HAVE DECIDED TO RECOMMEND THE FOLLOWING MEASURES TO EXCO AS BEING MOST APPROPRIATE GIVEN LOCAL OPINION, NAMELY:
(I)
(II)
(III)
ABOLISHING CAPITAL PUNISHMENT AS THE SENTENCE FOR ANY OFFENCE:
MAKING LIFE IMPRISONMENT THE MANDATORY SENTENCE FOR MURDER: AND
MAKING LIFE IMPRISONMENT THE MAXIMUM SENTENCE THAT MAY BE IMPOSED AT THE DISCRETION OF THE COURT FOR TREASON, PIRACY WITH VIOLENCE AND FOR OFFENCES UNDER THE
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