TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 118

CONFIDENTIAL

22

HKB

380

001601 MDLOAN 1697

RECEIVER

O 1 AUG 1990

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 142G

OF 251245Z JULY 90

INFO PRIORITY UKREP JLG HONG KONG, PEKING

, а

HONG KONG: PERSONAL FOR GOVERNOR FROM MARSDEN, HKD

YOUR TELNO 2314 AND UKREP JLG TELNO 224: CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

WE ARE GRATEFUL FOR THE ADVICE IN TURS WHICH WE HAVE DRAWN

TO THE ATTENTION OF MINISTERS.

1.

2.

YOU ASKED FOR FURTHER INFORMATION ON THE BACKGROUND TO THE PRESENT PROPOSAL. AS EXPLAINED IN OUR TELNO 1273, THE IDEA OF ADDING A CAPITAL PUNISHMENT CLAUSE TO THE CRIMINAL JUSTICE BILL STEMMED FROM A SUGGESTION EARLIER IN THE YEAR BY THE SECRETARY OF STATE IN THE CONTEXT OF A CAPITAL PUNISHMENT CASE IN BERMUDA. MINISTERS ARE CONCERNED THAT THE RETENTION OF THE DEATH PENALTY FOR MURDER IN BERMUDA AND THE CARRIBEAN DEPENDENT TERRITORIES HAS BECOME AN INCREASINGLY EMBARRASSING ANOMOLY, GIVEN THE LEGAL POSITION IN THE UK. UNLESS ALL THE GOVERNORS CONCERNED ARE DETERMINED, AS A MATTER OF CONSCIENCE, TO COMMUTE THE DEATH SENTENCE (AND TO ACCEPT THE LOCAL CONSEQUENCES) THE RISK OF

MINISTERS HAVING TO DEFEND IN PARLIAMENT AND INTERNATIONALLY EXECUTIONS IN THESE DEPENDENT TERRITORIES WILL BE EVER PRESENT. IN SUCH CIRCUMSTANCES, THE DIFFERENCE IN ARRANGEMENTS FOR THE UK AND SOME OF THE DEPENDENT TERRITORIES COULD BE OPEN TO CRITICISM ON RACIAL GROUNDS. CRITICS MIGHT ALSO POINT OUT THAT WHEREAS HMG IS FREE TO INTERVENE ON BEHALF OF INDIVIDUALS SENTENCED TO DEATH IN FOREIGN COUNTRIES, WE HAVE VERY LIMITED POWERS TO DO SO IN A NUMBER OF BRITISH DEPENDENT

TERRITORIES.

3.

ALTHOUGH THE LAST EXECUTION CARRIED OUT IN A DEPENDENT

TERRITORY WAS IN 1973, THERE ARE CURRENTLY 13 MURDER CASES UNDER WAY IN BERMUDA AND THE CARRIBEAN DEPENDENT TERRITORIES, ANY ONE OF WHICH COULD RESULT IN AN EXECUTION. IN ONE CASE, IN ANGUILLA, THE APPEAL PROCESS HAS ALREADY BEEN EXHAUSTED AND THE GOVERNOR, WHO SEES NO EXTENUATING CIRCUMSTANCES, IS EXPECTED TO SET A DATE FOR EXECUTION BY THE END OF THIS MONTH. THE URGENCY

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