CONFIDENTIAL
МКВ 380/)
127030
MDHOAN 2064
12
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO
1273
OF 060925Z JULY 90
RECEIVED
10
PERSONAL FOR GOVERNOR FROM PAUL, HKD
TOP COPY Q DIST 2
CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES
1.
YOU WILL RECALL THAT DURING YOUR RECENT VISIT TO LONDON, I MENTIONED THAT CONSIDERATION WAS BEING GIVEN HERE TO THE POSSIBLE ABOLITION OF CAPITAL PUNISHMENT IN THE UK'S DEPENDENT TERRITORIES. YOU SAID THAT, GIVEN THE CLEAR IMPLICATIONS FOR HONG KONG, YOU WOULD WELCOME A TELEGRAM SETTING OUT THE DETAILED BACKGROUND.
2.
THE ISSUE IS WHETHER WE SHOULD TAKE ADVANTAGE OF THE CRIMINAL JUSTICE BILL, WHICH IS TO BE INTRODUCED IN THE NEXT SESSION OF PARLIAMENT, TO ABOLISH CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES. EARLIER THIS YEAR (IN THE CONTEXT OF CAPITAL PUNISHMENT IN BERMUDA) THE SECRETARY OF STATE ASKED THAT WE SHOULD KEEP IN MIND THE POSSIBILITY OF ADDING A CLAUSE TO THE CRIMINAL JUSTICE BILL, IN ORDER TO AMEND THE CREECH-JONES DOCTRINE, UNDER WHICH GOVERNORS TAKE SOLE RESPONSIBILITY FOR EXERCISING THE PREROGATIVE OF MERCY IN THOSE DEPENDENT TERRITORIES WHICH STILL RETAIN CAPITAL PUNISHMENT.
3. THE HOME OFFICE ARE CURRENTLY PREPARING A BILL FOR INTRODUCTION IN THE NEXT SESSION, DURING THE LAST WEEK OF NOVEMBER. INSTRUCTIONS TO PARLIAMENTARY COUNSEL ARE TO ISSUE BEFORE THE SUMMER BREAK.
4.
THE IDEA OF MAKING USE OF THE CRIMINAL JUSTICE BILL IN THIS WAY HAS ITS ATTRACTIONS. IT HAS BEEN CLEAR FOR SOME TIME THAT THE ONLY ACCEPTABLE MEANS OF BRINGING ABOUT THE ABOLITION OF CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES WOULD BE BY MEANS OF PRIMARY LEGISLATION IN THE BRITISH PARLIAMENT. BUT TO INTRODUCE A SEPARATE BILL FOR THIS PURPOSE WOULD BE DIFFICULT, BOTH ON GROUNDS OF SHORTAGE OF PARLIAMENTARY TIME, AND FOR POLITICAL REASONS. SINCE ABOLITION IN THE UK WAS ACHIEVED BY A FREE VOTE, IT MIGHT BE CONSIDERED CONTENTIOUS FOR THE GOVERNMENT TO PROPOSE LEGISLATION, THE OBJECT OF WHICH WAS SOLELY TO ABOLISH THE DEATH PENALTY. USE OF THE CRIMINAL JUSTICE BILL,
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