TNAG-0403-FCO40-449-Review-of-the-death-sentence-in-Hong-Kong-1973 — Page 63

GR 150A

PPTORITY

HER/CAT A

FM FCO #21126Z

CONFIDENTIAL

CONTIL DENTI AL

RELOVED IN

ARGISTRY No.51

→Y OCT 1973

1KK14/16

REF

(HK)

2030226

TO PRIORITY GOVERNOR HONG KONG TELNO 975 OF 2 OCTOBER. 1973

MIPT: DEATH SENTENCE

THE FOLLOWING IS THE DRAFT OF AN ORDER IN COUNCIL WHICH COULD BE MADE IF IT WAS DECIDED TO ABOLISH THE DEATH PENALTY !! HONG KONG. GRATEFUL FOR YOUR LEGAL COMMENTS.

BEGINS:

1.

(1) THIS ORDER SHALL BE CITED AS THE HONG KONG (ABOLITION OF DEATH PENALTY FOR MURDER) ORDER 1973.

(2) THIS ORDER SHALL COME INTO OPERATION FORTHWITH.

20

(3) THE INTERPRETATION ACT 1889 SHALL APPLY, WITH THE NECESSARY ADAPTATIONS, FOR THE PURPOSE OF INTERPRETING THIS ORDER, AND OTHERWISE III RELATION THERETO, AS IT APPLIES FOR THE

PURPOSE OF INTERPRETING, AND IN RELATION TO, ACTS OF PARLIAMENT OF THE UNITED KINGDOM.

2. NO PERSON SHALL SUFFER DEATH FOR THE CRIME OF MURDER UNDER THE

LAW OF HONG KONG, AND A PERSON CONVICTED BY THE SUPREME COURT OF HONG KONG OF MURDER SHALL BE SENTENCED TO IMPRISONMENT FOR

LIFE OR FOR SUCH OTHER PERIOD OF IMPRISONMENT AS MAY BY PRESCRIBED BY OR UNDER A LAW MADE BY THE GOVERNOR BY AND WITH THE ADVICE

AND CONSENT OF THE LEGISLATIVE COUNCIL OF HONG KONGI

ENDS

TOUGLAS-HOME

FILES

HKI OD

GIB & GEN DEPT

LEGAL ADVISERS

PRIVATE SECRETARY

PS/PUS

PS/MR ROYLE

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30 October

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