From the Secretary of State
380
Foreign and Commonwealth Office
London SW1A 2AH
16 September 1991
52
Dear Churtother,
When we discussed Hong Kong on 29 August, you asked what would happen if a given crime was not subject to the death penalty under Hong Kong law but did carry this sanction under Chinese law would criminals in Hong Kong be liable to
You also asked if I planned to
-
Chinese penalties after 1997?
discuss this matter with the Chinese authorities.
The Joint Declaration which we signed with China in 1984, and China's own Basic Law for the Hong Kong Special Administrative Region which will enter into force on 1 July 1997, both provide for the continuation of Hong Kong's legal and judicial systems. The Basic Law makes clear that the criminal law of the PRC will not be applied in Hong Kong after 1997.
Criminals in Hong Kong after 1997 would therefore only find themselves subject to the death penalty if the crime for which they were convicted carried such penalty under Hong Kong law. Whether or not that crime was a capital offence in China would be irrelevant. There is therefore no reason to discuss these matters further with the Chinese authorities.
I hope you find this helpful.
DOUGLAS HURD
Christopher Monckton Esq
Your,
Dony