CONFIDENTIAL
Publication in Gazette
First Reading and commencement of the Second Reading debate
Resumption of Second Reading debate, committee stage and Third Reading
28 February 1992
11 March 1992
To be notified
XCC(92)15
FINANCIAL AND STAFFING IMPLICATIONS
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The abolition of capital punishment is likely to result in some savings, albeit marginal because it will no longer be necessary for the Administration to go through the current lengthy administrative and legal procedures for the commutation of death sentences, and the Correctional Services Department will no longer be required to keep condemned prisoners separately and under special conditions.
CHINA DIMENSION
29
The Chinese will dislike plans to abolish capital punishment and are likely to view our motives with suspicion. They will probably have particularly strong reservations about abolition in respect of treason and could argue that since treason is a crime against the State the penalty should be the same throughout the PRC, including the SAR. The Chinese are also unlikely to accept that the Legislative Council's vote on the issue in June 1991 represents the view of the people of Hong Kong. They may claim that this represents a fundamental change to the legal system in Hong Kong, which will need to be reversed after 1997. In response to any representations to us, we could explain that HKG can review its position with respect to capital punishment at any time prior to 30 June 1997, whilst the future SARG will be able to do so thereafter. While making it clear that we are not seeking their agreement to the proposal, we propose to inform the Chinese before publication of the Bill, and to explain to them the proposed changes and the reasons for their introduction.
Executive Council