RESTRICTED
FM HONG KONG
TO DESKBY 13090OZ FCO TELNO 863
OF 13080OZ MARCH 89
INFO IMMEDIATE PEKING
RESTRICTED
HKB 380/1
(12
026765
MDHIAN 6433
de
TOP COPY
४
LEGCO QUESTION ON DEATH PENALTY IN HONG KONG
WE HAVE RECEIVED THE FOLLOWING QUESTION FROM MR JD MCGREGOR FOR THE SITING ON 15 MARCH 1989:
BEGINS:
WILL THE GOVERNMENT CONSIDER TAKING THE NECESSARY STEPS TO ABOLISH THE DEATH PENALTY IN HONG KONG?
ENDS.
WE PROPOSE TO REPLY AS FOLLOWS:
BEGINS:
OUR PRESENT LEGAL POSITION IS THAT A PERSON CONVICTED FOR MURDER IN HONG KONG MUST BE SENTENCED TO DEATH. HOWEVER NO DEATH SENTENCE HAS BEEN CARRIED OUT IN HONG KONG SINCE NOVEMBER 1966.
THE ADMINISTRATION IS AWARE, THROUGH THE FEEDBACKS FROM OUR EXTENSIVE COMUNITY LIAISON NETWORK AND THROUGH REFLECTIONS FROM THE MEDIA, OF THE WISH OF THE MAJORITY OF OUR LOCAL COMMUNITY FOR DEATH SENTENCES TO BE CARRIED OUT AGAIN. BUT THE ISSUE DOES NOT SIMPLY END THERE. ANY PRISONER SENTENCED TO DEATH IN HONG KONG HAS THE RIGHT TO PETITION HER MAJESTY THE QUEEN FOR CLEMENCY. THE QUEEN, IN REACHING HER DECISION, ACTS UPON THE ADVICE OF THE APPROPRIATE UNITED KINGDOM MINISTER, NAMELY THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS. IN TENDERING HIS ADVICE TO THE QUEEN THE SECRETARY OF STATE MUST TAKE INTO ACCOUNT THE LIKELY REACTION IN THE UNITED KINGDOM PARLIAMENT, TO WHICH HE IS ANSWERABLE, TO THE ADVICE WHICH HE TENDERS TO HER MAJESTY. RECENT SECRETARIES OF STATE HAVE BEEN OF THE OPINION THAT THEY WOULD NOT BE SUPPORTED IN THE HOUSE OF COMMONS IF THEY WERE TO ADVISE THAT DEATH SENTENCES SHOULD BE CARRIED OUT IN HONG KONG. MOREOVER, THERE ARE NO SIGNS THAT THIS ATTITUDE OF THE HOUSE OF COMMONS IS LIKELY TO CHANGE IN THE IMMEDIATE FUTURE.
1
PAGE RESTRICTED
No comments yet.
Private notes are available after approval.