CONFIDENTIAL
7.
The question of capital punishment for murder in Dependent Territories was reviewed by Ministers in 1986. They endorsed the prevailing policy, which was that:
no attempt should be made to abolish capital punishment for
murder through primary UK leglislation.
in view of the strength of local feeling and the constituional
position in Territories where there were elected legislatures, the question of abolishing or retaining the death penalty should
be left to local decision.
8.
except where there had been a clear miscarriage of justice,
decisions on execution-commutation should be left to Governors.
Whatever decision Governors took HMG would support in
Parliament and in dealing with any threat to public order in
the Territory concerned.
In the case of Hong Kong, the principal argument for invariably commuting the death sentence has been that the Territory has lacked an elected legislature and that special attention should therefore be paid to the views of Parliament on this matter. That argument has acquired considerably less force since the introduction of indirectly elected members in 1985. If the issue became active publicly, and if there were an overwhelming majority in Legco for the reactivation of the death penalty, we would have to think very seriously about this. There is however one school of thought in Hong Kong which argues that in view of the resumption of sovereignty by China in 1997, there could be some advantages in continuing not to apply the death penalty.
The Troy Shorter case
9.
The Secretary of State is aware of the Troy Shorter case in Bermuda, which could have some bearing on the death penalty issue in Hong Kong. The Judicial Committee of the Privy Council will
CONF IDENTIAL
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