TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 130

CONFIDENTIAL

FM HONG KONG

TO DESKBY 17140OZ FCO

TELNO 2250

OF 17120OZ JULY 90

CONFIDENTIAL

hop COPY лог

HKB

RECEIVED IN

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MDHIAN 9159

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16

-Y

0 1AUG 1990

St

INDLA

PERSONAL FOR MARSDEN, HKD, FROM GOVERNOR

F2

YOUR TELNO 1273: CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1. I AM GRATEFUL THAT IT IS RECOGNISED THAT IT WOULD BE IMPOSSIBLE TO CONSIDER THE QUESTION OF ABOLISHING A CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES WITHOUT TAKING FULL ACCOUNT OF THE HONG KONG IMPLICATIONS. AS YOU KNOW, CAPITAL PUNISHMENT IS A VERY SENSITIVE ISSUE HERE. ITS ABOLITION IN THE DEPENDENT TERRITORIES MAY BE A RELATIVELY MINOR ISSUE IN TERMS OF PUBLIC OPINION IN THE UK, BUT IT COULD NOT BE DONE WITHOUT A VERY CONSIDERABLE DEGREE OF CONTROVERSY AND PUBLIC DEBATE IN HONG KONG. THE HKG WOULD BE CAUGHT IN THE MIDDLE OF A PARTICULARLY VIRULENT CROSS-FIRE, BETWEEN THOSE WHO TAKE A POPULIST LINE AND ARGUE THAT CAPITAL PUNISHMENT IS IN THE CHINESE TRADITION AND ONLY PREVENTED BY A COLONIAL REGIME, AND THOSE WHO ARE CONCERNED THAT THE RETENTION OF CAPITAL PUNISHMENT ON THE STATUTE BOOKS IN 1997 WOULD INVITE ABUSE BY THE SARG. I WOULD GREATLY PREFER NOT TO STIR UP THIS HORNET'S NEST WITHOUT GOOD

REASON.

2. AGAINST THIS BACKGROUND, NONE OF THE ALTERNATIVES IN TUR IS ATTRACTIVE :

(A) IT WOULD IN PRINCIPLE MOST UNDESIRABLE FOR CAPITAL PUNISHMENT TO BE ABOLISHED IN HONG KONG BY UK LEGISLATION, PARTICULARLY AT A TIME WHEN WE ARE SEEKING TO STRENGTHEN THE HKG'S AUTONOMY:

(B) TO EXCLUDE HONG KONG FROM A BILL THAT APPLIED TO ALL THE OTHER DEPENDENT TERRITORIES WOULD DRAW JUST AS MUCH ATTENTION TO THE ISSUE, AND ALSO AROUSE CRITICISM FROM HUMAN RIGHTS ACTIVISTS AND THOSE CONCERNED ABOUT 1997:

(C) TO PROVIDE FOR THE ABOLITION OF CAPITAL PUNISHMENT IN ALL DEPENDENT TERRITORIES, BUT MAKE ITS ENTRY INTO FORCE DEPENDENT OR A SEPARATE ORDER IN COUNCIL BEING MADE FOR EACH TERRITORY, WOULD SEEM TO BE THE WORST OF ALL WORLDS. IT WOULD PUBLICISE THE ISSUE WITHOUT PROVIDING ANY POWERS THAT, AT LEAST IN THE CASE OF HONG KONG, DO

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