TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 121

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FM UKREP JLG HONG KONG

TO DESKBY 24113OZ FCO

TELNO 224

OF 240805Z JULY 90

INFO ROUTINE PEKING, HONG KONG

20

174655 MDHIAN 9968

PERSONAL FOR MARSDEN, HKD

HONG KONG PERSONAL FOR GOVERNOR

า

YRTELNO 1406 TO HONG KONG:

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1 YOU ASKED FOR OUR VIEWS ON TUR.

•

2. I WOULD EXPECT MAJOR DIFFICULTIES WITH THE CHINESE OVER ANY ATTEMPT TO FORMALISE THE ABOLITION OF THE DEATH PENALTY IN HONG KONG. THEY ARE UNLIKELY TO WANT TO SEE IT ABOLISHED FOR REASONS OF SUBSTANCE AND THEY ARE BOUND TO SEE SUCH A MEASURE AS DIRECTED AGAINST THEM AND AS A CONCOMITANT TO THE BILL OF RIGHTS. THEY WILL ARGUE THAT IT IS A MAJOR CHANGE IN THE LAW WHICH SHOULD NOT BE MADE WITHOUT CONSULTATION WITH THEM. THEY WOULD ALSO ARGUE THAT IT WOULD BE INCONSISTENT WITH THE JD (LAWS TO REMAIN BASICALLY UNCHANGED). I WOULD EXPECT THEM TO TRY TO WHIP UP PUBLIC OPPOSITION IN HONG KONG.

3. STRICTLY FROM THE POINT OF VIEW OF PRESENTATION TO THE CHINESE, SHOULD MINISTERS DECIDE THAT THEY WISHED TO GO DOWN THIS ROAD, THE EASIEST APPROACH WOULD PROBABLY BE TO SAY THAT WE PROPOSED TO ADOPT THE MEASURE FOR ALL DEPENDENT TERRITORIES FOR REASONS UNCONNECTED WITH HONG KONG AND DERIVING FROM PRESSURE IN PARLIAMENT. WE WOULD SAY THAT SO FAR AS HONG KONG WAS CONCERNED THE MEASURE WAS NOT INTENDED TO AFFECT THE POSITION BEYOND 1997 AND IN OUR VIEW IT SHOULD BE FOR THE SAR GOVERNMENT TO DECIDE ON ITS OWN WHETHER IT WISHED TO HAVE THE DEATH PENALTY ON THE STATUTE BOOKS. WE WOULD NEED TO EXPLAIN TO THE CHINESE THAT THE ABOLITION WOULD DO NO MORE THAN FORMALISE LONG STANDING EXISTING PRACTICE HERE. BUT I CAN WELL UNDERSTAND THE HONG KONG PROBLEMS WITH THIS COURSE AND AS FAR AS THE CHINESE ARE CONCERNED IT WOULD DO NO MORE THAN MINIMISE THE

TARGET. THEY WOULD STILL BE HOSTILE.

GALSWORTHY

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