TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 123

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 24093OZ FCO

TELNO 2314

OF 2407OOZ JULY 90

HKB 380/

ECEIVEROOR

Q 1 AUG 1990

INFO IMMEDIATE UKREP JLG HONG KONG, PEKING

19

174537

MDHIAN 9960

TOP COPY Q DIST?

PERSONAL FOR MARSDEN, HKD FROM GOVERNOR

YRTELNO 1406: CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

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1 MY MAIN CONCERN REMAINS THE EFFECT THAT ALMOST ANY ATTEMPT TO TACK PROPOSALS RELATING TO CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES ON TO THE CRIMINAL JUSTICE BILL WOULD HAVE ON PUBLIC

OPINION IN HONG KONG.

2.

SEEN FROM HERE, THE CHINESE DIMENSION IS LESS SIGNIFICANT. I AGREE THAT ANY STEP TO END THE DEATH PENALTY IN HONG KONG BEFORE 1997 WOULD BE SEEN AS RELATED TO THE TRANSFER OF SOVEREIGNTY. THE CHINESE MIGHT COMPLAIN ABOUT THE DECISION ON PRECISELY THESE GROUNDS AND QUERY WHY THE MOVE WAS BEING MADE NOW. ANY CHINESE OR CHINESE INSPIRED OBJECTIONS WOULD GET CONSIDERABLE LOCAL SUPPORT. BUT I DOUBT IF ABOLITION WOULD BE A MAJOR STICKING POINT FOR THE CHINESE. THE SAR WOULD, AS YOU POINT OUT IN PARA 6(D) OF YRTELNO 1273, BE ABLE TO RE-INTRODUCE THE DEATH PENALTY AFTER 1997. I WOULD NOT EXPECT THE CHINESE TO REACT IF HONG KONG WAS EXEMPTED FROM ANY

U K LEGISLATION.

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3 I CAN SEE THAT MINISTERS AND SOME PUBLIC OPINION IN THE UK MAY BE ATTRACTED BY THE ARGUMENT THAT THE ABOLITION OF CAPITAL PUNISHMENT IN HONG KONG WOULD BE A FURTHER PROTECTION OF HUMAN RIGHTS IN HONG KONG. BUT I DOUBT IF THERE WOULD BE MUCH REAL INTERNATIONAL INTEREST, BEYOND THE SMALL CIRCLE OF HUMAN RIGHTS ACTIVITIES. THIS IS NOT AN ISSUE ON WHICH WE HAVE BEEN MUCH LOBBIED. I ALSO DISAGREE WITH THE ARGUMENT THAT INTERNATIONAL SUPPORT FOR ABOLITION WOULD PREVENT THE CHINESE PRESSING THE SAR TO RE-INTRODUCE CAPITAL PUNISHMENT AFTER 1997 IF THEY WISHED TO DO SO. INDEED THE SAR ITSELF MIGHT BE UNDER INTERNAL PRESSURE TO DO SO, PARTICULARLY IF THE EARLY YEARS OF THE NEW REGIME SAW A

DETERIORATION OF LAW AND ORDER.

4 IT IS DIFFICULT TO GIVE ANY FURTHER ADVICE ON THIS ISSUE WITHOUT

MORE INFORMATION ON THE BACKGROUND TO THE PRESENT PROPOSAL.

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CONFIDENTIAL