TNAG-0931-FCO40-1149-Capital-punishment-in-the-Dependent-Territories-1980 — Page 61

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Foreign and Commonwealth Office London SW1A 2AH

I Hendry Esq

UKMIS NEW YORK

Telephone 01-

Your reference

safargane

Date

19 November 1980

Dear Jan,

UNGA 35: THIRD COMMITTEE: FRG INITIATIVE ON ABOLITION OF CAPITAL PUNISHMENT

1.

Thank you for your letter of 12 November. The FRG are of course fully aware of our reservations about the abolition of capital punishment, and that we could not accept any optional Protocol on the lines of their draft. At the same time, except in so far as it refers to this Protocol, their draft resolution does not go substantially beyond what we have supported in the past, and we have no objection of principle to the matter being given a further hearing at the next Assembly.

2.

You may therefore support the resolution, if the rest of the Nine can also agree to this, provided that you make clear (again) to the Germans, and in an explanation, our position on capital punishment and inability to accept an optional Protocol laying an obligation on States to abolish the death penalty or not to reintroduce it. The other doubters among the Nine may be able to support the resolution on a similar basis. The explanation should reduce any subsequent pressure on HMG to become party to either a UN or European Protocol. I will send you shortly a draft, on which you may find it useful to draw.

3. If the Nine split, you should seek instructions again. Our preference in principle would be for abstention (since this seems a more honest reflection of our position), unless there are particular reasons for a positive vote in terms of eg company, relations with FRG delegation etc.

CC:

F H Keens, Home Office

Yor

Rel.

العود

RESTRICTED

R Fursland

c/o United Nations Department

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