CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2593
OF 30085OZ OCTOBER 92
(25)
CONFIDENTIAL
006471
MDLIAN 1815
HKA 011/2
pa
TOP COPY Q DIST?
HONG KONG TELNO 2549%
AT THE PART I MEETING OF THE EXECUTIVE COUNCIL HELD ON 27 OCTOBER, THE COUNCIL ADVISED AND THE GOVERNOR ORDERED THAT THE FOLLOWING BILLS SHOULD BE INTRODUCED TO THE LEGISLATIVE COUNCIL
FORD
YYYY
ΜΑΙΝ
(1)
THE TRADING FUNDS BILL (XCR(92)171):
(II)
THE REGISTRAR GENERAL (ESTABLISHMENT) (TRANSFER OF FUNCTIONS AND REPEAL) BILL (XCC(92)163): AND
(III)
THE ROAD TRAFFIC CAMENDMENT) (NO.3) BILL 1992
(XCR(92)172).
.HK POLICY
HKD
PUSD
FED
63
DISTRIBUTION
72
PLANNERS
RAD
PS
LEGAL ADVISERS//MS BARRETT
.AND MS BROOKS
NEWS D
PS/MR GOODLAD
SIR J COLES
MR APPLEYARD
MR HUM
ADDITIONAL
CAOFF//SIR R BRAITHWAITE
CAOFF//MISS NEVILLE-JONES CAOFF //MR SIBSON
~~~~
CAOFF //MS D CORNER CAOFF//MR CHARLTON
PS/PM
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126
CONFIDENTIAL
FM HONG KONG
TELNO 2549
TO PRIORITY FCO
OF 23074OZ OCTOBER 92
24
CONFIDENTIAL
25
164006
MDLIAN 0313
нка ciulz
TOP COPY
Q DIST?
HONG KONG TELNO 2515: AT THE PART I MEETING OF THE EXECUTIVE COUNCIL HELD ON 13 OCTOBER, THE COUNCIL ADVISED AND THE GOVERNOR ORDERED THAT
(A) (MEMORANDUM XCC(92) 160 REFERS
(I)
(II)
(III)
CAPITAL PUNISHMENT SHOULD BE ABOLISHED AS THE SENTENCE FOR
ANY OFFENCE:
LIFE IMPRISONMENT SHOULD BE MADE THE MANDATORY SENTENCE FOR MURDER, TREASON AND PIRACY WITH VIOLENCE:
MANDATORY LIFE IMPRISONMENT SHOULD BE MADE THE MAXIMUM SENTENCE THAT MAY BE PROVIDED FOR AS A PUNISHMENT FOR OFFENCES UNDER THE EMERGENCY REGULATIONS MADE BY THE GOVERNOR IN COUNCIL:
(IV) TRIAL JUDGES HEARING CASES IN WHICH A SENTENCE OF LIFE IMPRISONMENT IS IMPOSED, SHALL ON REQUEST BY THE GOVERNOR, PROVIDE HIM WITH WRITTEN REPORTS INDICATING ANY SPECIAL CONSIDERATIONS OR MITIGATING CIRCUMSTANCES AND, WHERE APPROPRIATE, WHAT IN THEIR VIEW SHOULD BE THE MINIMUM TERM OF IMPRISONMENT TO
BE SERVED:
(VI)
LIFE SENTENCES SHOULD CONTINUE TO BE REVIEWED BY THE BOARD OF REVIEW, LONG TERM PRISON SENTENCES INITIALLY AFTER FIVE YEARS AND SUBSEQUENTLY EVERY TWO YEARS, UNLESS THE GOVERNOR DIRECTS THAT ANY CASE BE REVIEWED EARLIER FOLLOWING RECEIPT OF THE TRIAL JUDGE'S REPORT:
(VII) THE CRIMES (AMENDMENT) BILL 1992, AS SET OUT AT ANNEX B
TO THE MEMORANDUM, AMENDED TO TAKE ACCOUNT OF (II) AND (III) ABOVE, SHOULD BE INTRODUCED INTO THE LEGISLATIVE
COUNCIL:
(VIII) THE PRISON (AMENDMENT) RULES 1992, AS SET OUT AT ANNEX
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164006 MDLIA 0313
(IX)
(X)
(XI)
C TO THE MEMORANDUM, SHOULD BE APPROVED IN PRINCIPLE, TO BE REFERRED BACK TO MEMBERS TO BE MADE AFTER THE
BILL HAS PASSED INTO LAW:
THE RESOLUTION SET OUT AT ANNEX D TO THE MEMORANDUM, MADE UNDER THE LEGAL AID IN CRIMINAL CASES (AMENDMENT) RULES 1992 (SET OUT AT ANNEX E TO THE MEMORANDUM), SHOULD BE INTRODUCED INTO THE LEGISLATIVE COUNCIL AFTER THE BILL HAS PASSED INTO LAW AND THE LEGAL AID IN CRIMINAL CASES (AMENDMENT) RULES 1992 HAVE BEEN MADE BY THE CHIEF JUSTICE:
ALL DEATH SENTENCES STANDING AT THE TIME WHEN THE BILL IS PASSED INTO LAW SHOULD BE COMMUTED TO SENTENCES OF LIFE IMPRISONMENT: AND
NO PRESS ANNOUNCEMENT SHOULD BE MADE AND NO LEGISLATIVE COUNCIL BRIEF SHOULD ISSUE FOR THE TIME BEING. PUBLICITY MATERIALS ON THE BILL SHOULD BE CLEARED FOR ISSUE BY THE GOVERNOR ON HIS RETURN FROM PEKING:
(B) (XCC(92)157)
THE LORD WILSON HERITAGE TRUST BILL SHOULD BE INTRODUCED
INTO THE LEGISLATIVE COUNCIL: AND
(C) (XCR (92)167)
THE FORESTS AND COUNTRYSIDE (AMENDMENT) BILL 1992 SHOULD
BE INTRODUCED INTO THE LEGISLATIVE
COUNCIL.
FORD
YYYY
ΜΑΙΝ
.HK POLICY
HKD
PUSD
FED
63
LEGAL ADVISERS//MS BARRETT
.AND MS BROOKS
DISTRIBUTION
72
PLANNERS
RAD
PS
PS/MR GOODLAD
SIR J COLES
MR APPLEYARD
PAGE
2
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