Human rights of victims
It is, of course, right to have concern for the victims. But concern jor victims must surely not be used to justify the deliberate taking of someone's life. The Government should be concerning itself with caring for the family of the victim and protecting potential future victims, rather than offering to take another life in return. The execution of a murderer will not replace the life of a loved one who has been lost. Retribution is no argument in favour of the death penalty.
The brutalisation of society
There is evidence that the death penalty may result in the brutalisation of society. What happens, in practice, is that rather than decrease the incidence of the violent crimes, implementation of the death penalty actually increases the predisposition of society toward violence the effect is negative.
In some U.S. states, for example, there is evidence of increases in crime in the month after an execution. The moment Government gets involves in killing, Government itself establishes that killing is right and sets a precedent for individual action.
Sir, there can be no respect for the moral authority of a Government which on the one hand says murder is a crime and which on the other puts people to death, particularly, when it is done in the pre-meditated manner of the legal process of execution.
Effect on the disadvantaged
The death penalty tends to be inflicted on the most vulnerable members of the community
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the under-privileged and mentally weak are two groups that come to mind. Many brutal crimes are committed by the mentally ill. Surely no one is suggesting that they should be executed, in lieu of custodial care and attention.
Research in various jurisdictions has shown that people from the lower end of the socio-economic strata receive the death penalty much more frequently than people from other sectors of society. They are usually poorly educated and often do not receive the best available legal counsel.
Opinions of Hong Kong participants in the process
On the surface, public opinion may want the death penalty restored, the signs are that Hong Kong jurors would be unwilling to convict a person when they know that the punishment will be death. Apparently, they do not want that to be on their conscience. The result could be that a guilty person might go free.
The future of Hong Kong
Sir, Hong Kong is a unique international city, both now and when it becomes a Special Administrative Region of China. A high standard of human rights will be as important to Hong Kong in the future as it is today. Let us not set off down a slippery slope that could lead to the death penalty being extended to other crimes in future.
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