CCPR/C/SR.856 page 14
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78. Referring to the Gibraltar incident, he said he believed that the United Kingdom authorities should review the regulations on the use of firearms by the security forces and, if necessary, revise the instructions given to their members.
79.
Mr. FEARN (United Kingdom) said that, in the dependent territories, the grounds for a death sentence were the same as in the United Kingdom: treason and acts of piracy involving violence. It was, moreover, for the dependent territories themselves to decide whether the death penalty should be maintained or abolished. In any event, it must not be forgotten that no convicted person had been executed in any of the territories for a very long time.
80.
Mr. HENDRY (United Kingdom) explained that, in the dependent territories, the crime of murder came either under common law or under a provision of the Penal Code determining the penalty. In some cases, the provisions were compulsory, but, in all cases, the Governor could grant a pardon.
81. Mr. MARTIN (United Kingdom), replying to Mr. Lallah's question, confirmed that the Draft Basic Law for Hong Kong did not include a specific provision on the right to life. It did, however, contain articles which were specifically intended to guarantee human rights, even though they were not worded in the same way as the provisions of the Covenant. There were also plans to ensure the implementation of the Covenant through a legal text to be promulgated by the Hong Kong Government; in that case, the right to life would obviously be provided for. In any event, a new draft would be prepared before the final enactment of the Basic Law.
82.
In reply to a question by Mr. Wennergren, he said that it was impossible at the present time to know what decision the Chinese Government might take after 1997 on the provisions relating to commutations of sentences to be included in the Basic Law.
83. Mr. FEARN (United Kingdom) assured Mr. Wako that he would receive a reply to his note from the United Kingdom Government within the next few weeks.
The meeting rose at 6 p.m.