TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 54

Mr Gorham WIAD

REC

CONFIDENTIAL

Ms Spy

pa. Saylis 27110

50

нив 380 //

24 1990

From: K Chamberlain Date: 16 October 1990

CC: Miss Marsden, HKG

Mr Walwyn, UND

Mr Powell, Planning Staff

CAPITAL PUNISHMENT: DRAFT OD PAPER

We spoke about the draft OD paper attached to your minute of 12 October.

1.

2.

I think your draft is very much on the right lines. Although it substantially exceeds the 700 words limit, I think it would be difficult to reduce its length without affecting its impact. The arguments are stated concisely and in an easily readable form.

3.

I have the following comments on the draft:-

Paragraph 5(i)

I would prefer the omission of the last sentence stating that the UK has hitherto had no government policy to abolish capital punishment. I am not sure that it is in fact relevant to the issue of the constitutionality of instructing or advising Governors to commute. But in any event, the argument could be turned round to the effect that if the UK has no government policy to abolish capital punishment, why then is the government imposing abolition on the DTs?

Paragraph 5(ii)

I think mention needs to be made here, if only to dismiss it, of the Governor's special legislative powers. The use of these powers would not have any appreciable advantage over legislating by Order in Council and in any event the Governor has no such powers in the case of Montserrat.

Paragraph 8

We agreed that it would perhaps be better to omit the first sentence. The sentence leaves us open to the counter argument that if there have been only three executions in the DTS since the abolition of capital

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