TNAG-0555-FCO40-650-Review-of-death-sentence-in-Hong-Kong-1975 — Page 42

CODE 18-77

CONFIDENTIAL

Reference.....

.Dr. (Beam Unam)

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20/x:

REF.

Mr Janvrin, Hong Kong & Indian Ocean Department

Anvex C

CAPITAL PUNISHMENT IN THE PEOPLE'S REPUBLIC OF CHINA

Our Information on

1. Your minute of 17 November to Mr Walker. capital punishment in China is rather scanty and is largely based on reports of executions which have been received fairly frequently over the past few years from various places in China, principally from the cities of Peking, Canton and Shanghai. Most of these reports are based on notices displayed by the local judicial authorities in public places, where they have been observed by diplomats and others. It is the usual practice to publicise various cases of criminal proceedings in this way, rather than through the press and radio. It is not possible to make a useful estimate of statistics for crime and punishment, but it seems likely that many announcements of this kind never come to the attention of foreign observers.

2.

Crimes for which the death penalty has been imposed in recent years include: murder, rape, sabotage, "counter revolutionary activities" (including espionage), profiteering and assault on foreign diplomatic personnel. The imposition of the death penalty for certain serious political and economic offences is in accordance with laws enacted in 1950-51 to deal with "counterrevolutionary activities", "undermining the State military system" and corruption.

3.

All cases involving a death sentence must either be decided or be confirmed by the Supreme People's Court in Peking. The death penalty is not applicable to pregnant women or juveniles. According to legal officials in Kwangtung (in conversation with the Die Welt correspondent Gerd Ruger in May 1974) the death penalty is seldom used in China and then only when the criminal has committed a really heinous crime which aroused the anger of the masses. If the anger

of the masses could not be appeased, then the man would be executed. However, if the anger of the masses could be appeased, then the death sentence would be commuted for two years and the man would be im- prisoned. If during that time the man behaved in an exemplary fashion, then the death sentence would be commuted to one of life imprisonment.

4. According to a collection of lectures on criminal law which were published in 1957 as a reference book for judicial cadres at county level and above, it was intended finally to abolish the death penalty, but as this was impossible at the present time the attitude of "less killing" should be observed.

5.

Several reports have been received of large-scale rallies held for the promulgation of sentences to the public. Attendance figures ranging from 1,500 to 250,000 have been reported. These reports suggest that the procedure normally followed is to describe the crimes committed and to announce for public acclamation the sentences which have already been decided by the courts; offenders sentenced

CONFIDENTIAL

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