CONFIDENTIAL

XCC(92)160

LEGISLATIVE TIMETABLE

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Subject to Members' approval of the introduction of this Bill into

the Legislative Council, the legislative timetable will be -

Publication in Gazette

30 October 1992

First Reading and commencement of the Second Reading debate

11 November 1992

Resumption of Second Reading

debate, committee stage and Third Reading

To be notified

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

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The Chinese will dislike plans to abolish capital punishment, particularly in respect of treason. They may argue that treason is a crime against the state and the penalty should be the same throughout the PRC. They may challenge the representativeness of the Legislative Council's vote. They may even go so far as to say this move will need to be reviewed or reversed after 1997. But it is quite clearly a matter for Hong Kong to decide. If the Chinese make representations to us on the subject, we can point out that the future SARG will be at liberty to review its position with respect to capital punishment, just as we are able to up to 30 June 1997.

PUBLIC REACTION

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Despite the Legislative Council motion in June 1991 favouring the abolition of capital punishment, our assessment is that public opinion on this issue is still divided and public reaction to the proposed legislative

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