TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 47

CONFIDENTIAL

FM FCO

TO PRIORITY HAMILTON

TELNO 17

OF 09190OZ FEBRUARY 89

CONFIDENTIAL

(8)

PA

HKB 380/1

07671.5

MDLOAN 9568

४

FROM WIAD

YOUR TELNO 017: CAPITAL PUNISHMENT

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·

THE PUBLIC STATEMENTS YOU REPORT BY THE PREMIER AND MINISTER

OF LEGISLATIVE AFFAIRS ARE UNFORTUNATE. MOTIONS FOR THE RE-INTRODUCTION OF CAPITAL PUNISHMENT FOR VERY SERIOUS OFFENCES (EG MURDER) IN THE UK ARE REGULARLY DEBATED IN PARLIAMENT AND HAVE ON A FREE VOTE BEEN REPEATEDLY DEFEATED BY LARGE MAJORITIES. WE RECOGNISE THAT THE BERMUDA LEGISLATURE MAY TAKE A DIFFERENT VIEW BUT THERE CAN BE LITTLE DOUBT THAT THE EXTENSION OF CAPITAL

PUNISHMENT IN BERMUDA TO DRUG TRAFFICKING OFFENCES WOULD CAUSE HMG DOMESTIC EMBARRASSMENT. IT MIGHT ALSO RAISE ISSUES UNDER

INTERNATIONAL HUMAN RIGHTS INSTRUMENTS.

2. GRATEFUL IF YOU WOULD CONTINUE TO MONITOR THE BERMUDIAN MOOD CLOSELY, AND REPORT ON FURTHER DEVELOPMENTS AND ANY DRAFT LEGISLATION. IF THIS ISSUE IS RAISED WITH YOU BY BERMUDIAN MINISTERS, YOU SHOULD DEPLOY THE FOLLOWING ARGUMENTS:-

I) WHILE HMG SHARE BERMUDA GOVERNMENT'S CONCERN AT THE MENACE OF DRUGS TRAFFICKING, THE GENERAL INTERNATIONAL TREND, PROMPTED BY SUCH ORGANISATIONS AS AMNESTY INTERNATIONAL AND REFLECTED IN INTERNATIONAL INSTRUMENTS LIKE THE SIXTH PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS (THOUGH UK IS NOT A PARTY TO THIS), IS TO ABOLISH CAPITAL PUNISHMENT ON HUMANITARIAN GROUNDS. ARTICLE 6

OF THE UN INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SAYS QUOTE IN COUNTRIES WHICH HAVE NOT ABOLISHED THE DEATH PENALTY, SENTENCE OF DEATH MAY BE IMPOSED ONLY FOR THE MOST SERIOUS (REPEAT MOST SERIOUS) OFFENCES

UNQUOTE. MOREOVER, IMPOSITION OF THE DEATH PENALTY FOR OTHER THAN VERY SERIOUS OFFENCES COULD CONTRAVENE ARTICLE 3 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS. THE UK IS PARTY TO THE COVENANT AND CONVENTION, AND THEIR PROVISIONS EXTEND TO BERMUDA. DRUGS TRAFFICKING IS NOT A CAPITAL OFFENCE IN THE UK. ARTICLE 3 OF THE

RECENT UN CONVENTION AGAINST ILLICIT DRUG TRAFFICKING CALLS

ON STATES TO RECOGNISE THAT DRUGS TRAFFICKING IS A SERIOUS CRIMINAL OFFENCE, BUT DOES NOT CALL FOR CAPITAL PUNISMENT (THERE ARE ONLY A FEW COUNTRIES WITH THE DEATH PENALTY FOR SUCH

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