ROBAFI
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P. TREATMENT OF PRISONERS AFTER 1997
Capital Punishment
Will commuted death sentences be reimposed after 1997?
In Hong Kong, the commutation of a death sentence is
irrevocable. Under Joint Declaration, laws currently in force in Hong Kong will remain basically unchanged, save for any that
contravene Basic Law.
There is no intention before 1997 to vary laws of Hong Kong to conform to criminal law of PRC by introducing death penalty for "economic crimes" such as bribery, theft, speculation and
embezzlement.
PRISONERS AFTER 1997
After 1997, these matters will fall within high degree of autonomy to be enjoyed by Hong Kong Special Administrative Region
under Joint Declaration.
Extradition of fugitives from the United Kingdom to Hong Kong
House will recognise that arrangements currently in force in
respect of Hong Kong regarding return of fugitive offenders to and
from the territory cannot subsist in their present form, beyond resumption by China of sovereignty over Hong Kong in 1997.
We are considering what action would be appropriate to ensure that suitable arrangements can continue in force for Hong Kong after
that date.
Continuity after 1997 of such arrangements affecting Hong Kong
must be subject of consultation with Chinese Government. Any such
consultation would be confidential, but HMG will naturally seek to
ensure that safeguards comparable to those which exist today under Fugitive Offenders Act 1967 will apply for the future.
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