TNAG-1923-FCO40-2728-Capital-punishment-in-Hong-Kong-1989 — Page 60

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IVED IN REGISTRY

→ UL 1988

FFICER

The

CONFIDENTIAL

FM FCO

REGISTRY

CONFIDENTIAL

Action Taken

Mr Dec

TO DESKBY 22183OZ GRAND TURK

TELNO 130

OF 22160OZ JULY 88

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25.3.88

YOUR TELNOS 166 AND 167: CAPITAL PUNISHMENT FOR DRUGS OFFENCES

1. THE PROPOSED AMENDMENT TO THE TCI DRUGS (TRAFFICKING) BILL

1988 IS VERY UNFORTUNATE. AS YOU KNOW MOTIONS FOR THE ・・ REINTRODUCTION OF CAPITAL PUNISHMENT FOR SERIOUS OFFENCES (EG

MURDER) IN THE UK ARE REGULARLY DEBATED IN PARLIAMENT AND HAVE ON A FREE VOTE BEEN REPEATEDLY DEFEATED BY LARGE MAJORITIES: MOST RECENTLY IN JUNE THIS YEAR. WE RECOGNISE THAT THIS IS A MATTER OF CONSCIENCE FOR INDIVIDUAL TCI LEGCO MEMBERS, BUT A DECISION BY

TCIG NOW TO ADD CERTAIN DRUGS OFFENCES TO THOSE ATTRACTING

CAPITAL PUNISHMENT WOULD AS YOU SAY CAUSE HMG SOME

EMBARRASSMENT.

DEPENDING ON THE SCOPE OF ANY AMENDMENT, IT MIGHT ALSO RAISE ISSUES UNDER INTERNATIONAL HUMAN RIGHTS

INSTRUMENTS.

2.

PENFOLD DURING HIS VISIT TO TCI DISCUSSED THIS PROPOSAL WITH

THE CM AND YOU HAVE SPOKEN WELL ON THE ISSUE. YOU SHOULD

CONTINUE TO SEEK TO PERSUADE TCIG TO DROP THIS PROPOSED AMENDMENT, OR FAILING THAT TO SEPARATE IT FROM THIS BILL. IN FURTHER DISCUSSIONS WITH TCI MINISTERS YOU SHOULD DEPLOY THE

FOLLOWING ARGUMENTS:

(I) WHILE HMG SHARE TCI 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 CREPEAT 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 COVENENT AND CONVENTION, AND THEY EXTEND TO TCI. DRUGS TRAFFICKING IS NOT A CAPITAL OFFENCE IN THE UK. (FOR YOUR INFORMATION THERE ARE

COUNTRIES OTHER THAN SINGAPORE WITH THE DEATH PENALTY FOR SUCH OFFENCES: IE THAILAND, MALAYSIA.)

-

•

(II) THE PROPOSED AMENDMENT WILL ALMOST CERTAINLY ATTRACT

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