TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 50

CODE 18-77

CONFIDENTIAL

Reference........

upon conviction of the offence for which that person was extradited, he or she is liable to be sentenced to death. A condition of extradition in such cases is that the country seeking extradition must give an undertaking that, if convicted, the person to be extradited will not be executed. If Bermuda were to introduce the death penalty for certain drug offences, they should be aware that there are likely to be difficulties in seeking the extradition to Bermuda of persons wanted for trial for such offences.

3. If the Premier's ideas look likely to get anywhere, the Governor should of course keep us informed. We should be given as much notice as possible of any draft legisla- tion. If there is any question of draft legislation contravening, if enacted, the UK's international obligations, we shall need to consider instructing the Governor to reserve the Bill for the signification of Her Majesty's pleasure, in accordance with paragraph (a) of the proviso to section 35(2) of the Bermuda Constitution.

CC:

Mr Fearn

Mr Thorne (UND)

Mr Russell (NCAD)

Mr Kirk (SED)

Mr Dew (FID)

Mr Footman (HKD)

Mr Stevens (A Division, Home Office)

2.

CONFIDENTIAL

за

I D Hendry