CONFIDENTIAL
101056
MDHOAN 0978
WIDESPREAD AND SERIOUS CRITICISM TO TCIG, AND TO HMG. OUR SECOND
PERIODIC REPORT ON THE DEPENDENT TERRITORIES SUBMITTED TO THE UN
IN MAY WILL BE CONSIDERED BY THE HUMAN RIGHTS COMMITTEE IN OCTOBER OR EARLY NEXT YEAR WHEN WE WILL HAVE TO INFORM THE
COMMITTEE OF TCIG ACTION IF IT PROCEEDS. THE COMMITTEE WILL CERTAINLY EXPRESS CONCERN AND WE WILL THEREFORE NEED SUBSTANTIAL
DEFENSIVE BRIEFING FROM TCIG TO EXPLAIN ITS DECISION.
(III) INCLUSION OF A CAPITAL PUNISHMENT AMENDMENT MAY CAUSE
DIFFICULTIES FOR OTHER DEPENDENCIES AND OURSELVES IN AGREEING
RECIPROCAL ARRANGEMENTS FOR TRACING FREEZING AND CONFISCATING DRUGS ASSETS, PROVISION FOR WHICH IS A CENTRAL FEATURE OF THE
LEGISLATION.
·
AS
3. IF THE ABOVE ARGUMENTS FAIL TO DETER THE CM YOU SHOULD YOU HAVE BEEN DOING, CONTINUE TO PRESS HIM AND HIS COLLEAGUES AS AN ALTERNATIVE TO PERSUADE PDM BACKBENCHERS TO PUT FORWARD
INSTEAD A PRIVATE MEMBERS MOTION CALLING FOR CONSIDERATION OF SUCH AN AMENDMENT TO THE 1976 MISUSE OF DRUGS ORDINANCE, WHICH YOUR AG SUGGESTS IS THE MORE APPROPRIATE LEGISLATION. THIS WILL.
PROVIDE TIME FOR TCIG, AND HMG TO THINK THROUGH THE PRECISE DETAILS AND LIKELY AFFECTS OF ANY PROPOSED AMENDMENT.
•
4. WE HAVE CONSIDERED CAREFULLY WHETHER YOU SHOULD DEFER
CONSIDERATION OF THE BILL UNTIL THE NEXT LEGCO SESSION IN SEPTEMBER IF THE CM IS UNWILLING TO CONSIDER A PRIVATE MEMBERS MOTION. ON BALANCE WE BELIEVE, AS IT IS UNLIKELY TCIG WILL CHANGE ITS VIEW ON THE CAPITAL PUNISHMENT FOR DRUGS OFFENCES IN THE INTERVENING PERIOD, THE BILL SHOULD BE CONSIDERED NOW. WE ATTACH CONSIDERABLE IMPORTANCE TO THE EARLY INTRODUCTION OF THIS
DRUGS LEGISLATION. IN THE EVENT THAT THE AMENDMENT PROVIDING FOR THE DEATH PENALTY FOR CERTAIN DRUGS OFFENCES IS CARRIED YOU SHOULD RESERVE ASSENT UNDER CLAUSE 8(F) AND (I) OF THE ROYAL
INSTRUCTIONS.
HOWE
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LEGAL ADVISERS
MR FEARN
2
CONFIDENTIAL
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