CONFIDENTIAL
3.
It follows from this that criminals in Hong Kong after
1997 could find themselves subject to the death penalty only 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.
4.
As the Basic Law both guarantees that the existing legal system in Hong Kong will continue after the territory
reverts to China, and excludes the application of the PRC
criminal law in the HKSAR, there is no reason to discuss
these matters further with the Chinese authorities (so long
as these provisions of the JD and BL are honoured).
5. This minute has been seen and approved by Legal Advisers. It does not address the more complicated
questions of:
(a) possible prosecution in mainland China of a Hong Kong resident for an offence committed in Hong Kong (but Lu Ping recently said that prosecutions for offences committed in
Hong Kong should take place in Hong Kong).
(b) a recent HKG proposal that they should now cooperate with the PRC authorities in providing evidence against PRC residents who have fled to the PRC after allegedly
committing offences in Hong Kong, without requiring a prior assurance that the death penalty will not be applied if they are convicted. We shall be submitting to Lord Caithness on this shortly.
Thom
J C Morris
Nos. KIPAHF/2
CONFIDENTIAL