TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 113

CONFIDENTIAL

HKB 380

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RECEIVED IN

"Y

CONFIDENTIAL

O 1 AUG 1990

FM FCO

SK

TO IMMEDIATE HONG KONG

26

013352

MDHOAN 3320

YOU COPY Q DIST 3/

TELNO 1441

OF 30033OZ JULY 90

INFO PRIORITY UKREP JLG HONG KONG, PEKING

(22

ING GOVERNOR FROM MARSDEN, HKD

PERSONAL FOR ACTING

OUR TELNO 1420: CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1.

THE SECRETARY OF STATE CONSIDERED THIS ISSUE AT A MEETING

TODAY WITH MR LENNOX BOYD AND OFFICIALS FROM RELEVANT DEPARTMENTS. SUBJECT TO DISCUSSION WITH COLLEAGUES, HIS CONCLUSION WAS THAT THE RIGHT WAY TO PROCEED WOULD BE TO ABOLISH

CAPITAL PUNISHMENT IN THE FIVE CARIBBEAN DEPENDENT TERRITORIES BY ORDER-IN-COUNCIL. ON REFLECTION THE SECRETARY OF STATE WAS NOT CONVINCED BY THE ARGUMENTS IN FAVOUR OF AMENDING

THE CRIMINAL JUSTICE BILL (ALTHOUGH HE HAD BEEN ATTRACTED BY THIS IDEA EARLIER IN THE YEAR) BUT RECOGNISED THAT PRIMARY LEGISLATION COULD BE REQUIRED FOR BERMUDA,DEPENDING

ON THE OUTCOME OF NEXT MONTH'S REFERENDUM. THE SECRETARY OF

STATE ALSO CONCLUDED THAT IT WOULD NOT BE POSSIBLE TO SOLVE THE PROBLEM BY ADMINISTRATIVE MEANS (IE. BY SIMPLY INSTRUCTING GOVERNORS TO COMMUTE DEATH SENTENCES), GIVEN THE CONSTITUTIONAL POSITION IN THE CARIBBEAN DEPENDENT TERRITORIES WHERE THE PREROGATIVE OF MERCY HAS BEEN ALMOST ENTIRELY DEVOLVED. 2. THE NEXT STEP WILL BE FOR OTHER RELEVANT WHITEHALL DEPARTMENTS TO BE INFORMED OF OUR INTENTION AT OFFICIAL LEVEL. WE WILL KEEP YOU IN TOUCH WITH DEVELOPMENTS.

3.

AT THE MEETING, ROBIN MCLAREN POINTED OUT THAT IF WE WERE TO GO DOWN THIS ROUTE, THERE WOULD BE A DOWNSIDE AS FAR AS HONG KONG WAS CONCERNED. THERE WAS A RISK THAT AN ORDER-IN-COUNCIL

FOR THE CARRIBEAN DEPENDENT TERRITORIES WOULD REVIVE THE DEBATE ABOUT CAPITAL PUNISHMENT IN HONG KONG. SOME PEOPLE WOULD ASK WHY HONG KONG HAD NOT BEEN INCLUDED AND MIGHT ARGUE THAT THERE WOULD BE ADVANTAGE IN ABOLISHING CAPITAL PUNISHMENT IN HONG KONG BEFORE 1997. THE SECRETARY OF STATE TOOK NOTE OF THESE POINTS AND ACKNOWLEDGED THAT THESE WERE ARGUMENTS WE WOULD HAVE TO BE PREPARED TO DEAL WITH.

HURD

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CONFIDENTIAL