TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 109

7. It is in this context that your bill seems to me to present us with a unique opportunity to deal with this problem. I recognise that it is the Government's bill and that when the question of capital punishment has been raised in the House it has always been on a Private Members inititiative and that there has always been a free vote. The fact, however, that abolition has been the policy of successive governments in the UK and that the House has on several occasions voted in favour does I think remove a great deal of force from this potential objection. The House will be being asked

to do no more than apply a principle already well established here to our Caribbean Dependent Territories and Bermuda. Indeed, I think that the clause added to your bill providing for the change could, at this juncture, v well win us some cross bench support.

confident that such a clause would not damage the prospects of

prgresss for your bill. In support of the proposal we could argue that our commitment to the good governance of our Dependent

Territories require the modernisation of their criminal law to bring

it closer to that which prevails in the UK.

8.

Kong but

I am

Their remains the question of Hong Kong and its exclusion from

what I now propose. I would have no difficulty about including Hong

the Governor argues that in present circumstances when we

are trying to build up the autonomy of that Dependent Territory

against the transfer of power in 1997, it would be unfortunate if on

an issue as fundamental as this, HMG were, as it were, to dictate to

the Hong Kong Government. I respect this argument. And we can afford delay in Hong Kong given that as I have already explained

practice since 1973 is the invariable commutation of sentences.

9. The addition to your Bill that I would propose would provide the

abolition of capital punishment for murder in the Dependent

Territories, and for a power to bring the clause in to force in respect of each Dependent Territory by Order in Council.

I very much hope that you will be able to agree to this proposal and thus enable me to instruct the Governor of Anguilla as I should like.

When I have your response our officials can get together.