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B:
THE CHINA DIMENSION
IF CAPITAL PUNISHMENT REMAINS ON THE STATUTE BOOK AFTER
1997, MIGHT IT NOT BE USED MORE WIDELY UNDER PRESSURE
FROM CHINA, EG FOR ECONOMIC CRIMES?
The Joint Declaration and Basic Law provide that the Hong Kong Special Administrative Region will have legislative and independent judicial power, including that of final adjudication. The judicial system previously practised in Hong Kong will be maintained.
- Under the Basic Law there is no question of the death
penalty becoming available for a wider range of crimes
than at present unless the HKSAR legislature itself
should pass fresh legislation.
IN PRACTICE THE HONG KONG SAR GOVERNMENT MAY CEASE
AUTOMATICALLY TO COMMUTE DEATH SENTENCES?
This will be a matter for the SARG, but we expect it
to be influenced by previous Hong Kong practice.
If we were to remove the death penalty from the
statutes before 1997, it would be open to the SAR legislature to reinstate it after 1997.
WHAT ABOUT PRISONERS WHO ARE CONVICTED BEFORE 1997, BUT
WHOSE PRISON SENTENCE EXTENDS AFTER 1997?
-
They will continue to be held until the end of their
sentence under the existing legal and penal system which, under the Basic Law, will remain unchanged.
JL4AAM/3
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