TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 6

CONFIDENTIAL

CONFIDENTIAL

FM FCO

TO DESKBY 18010OZ HONG KONG

TELNO 2397

OF 17180OZ DECEMBER 90

HKB 380/1

64

023555 MDHOAN 3952

TOP COPY

кр

ра

PERSONAL FOR GOVERNOR FROM PAUL, HKD

(63

YOUR TELNO 3744: CAPITAL PUNISHMENT

1.

MINISTERS NOW HAVE SOME RESERVATIONS ABOUT LAYING THE ORDER-IN-COUNCIL ON ABOLITION OF THE DEATH PENALTY IN CARIBBEAN DEPENDENT TERRITORIES BEFORE PARLIAMENT ON 19 DECEMBER IN THE WAY DESCRIBED IN OUR TELNO 2360. THE CONCERNS ARE ESSENTIALLY A MATTER OF TACTICS RATHER THAN PRINCIPLE. THE

PRIME MINISTER HAS DECIDED THAT THERE WILL NEED TO BE A

DISCUSSION BETWEEN MINISTERS BEFORE ANY ACTION IS TAKEN.

2.

WE ARE NOT YET SURE HOW THIS WILL BE RESOLVED AND IN WHAT TIMESCALE. IT IS STILL CONCEIVABLE THAT THE ORDER-IN-COUNCIL WILL BE TABLED ON 19 DECEMBER IF THE DIFFERENCES OF VIEW ABOUT TACTICS CAN BE RESOLVED IN TIME. ALTERNATIVELY, CAND MORE LIKELY) THE TABLING MAY BE DELAYED.

3.

IN THE NEW CIRCUMSTANCES YOU HAVE DISCRETION TO WARN EXCO ON A CONTINGENCY BASIS, AND IN STRICTEST CONFIDENCE, THAT ACTION MAY BE TAKEN TO END CAPITAL PUNISHMENT IN THE FIVE CARIBBEAN DEPENDENT TERRITORIES (IE. EXCLUDING BERMUDA), AND THAT THIS COULD HAPPEN VERY SOON. YOU SHOULD ONLY DO THIS IF YOU ARE CONFIDENT THAT THERE WILL NOT (NOT) BE A LEAK.

4"

THE OUTCOME OF THE DEBATE ON CAPITAL PUNISHMENT IS UNLIKELY

TO BE KNOWN UNTIL AFTER 10 PM LONDON TIME. THE BEST WAY OF FINDING OUT THE RESULT WOULD PROBABLY BE TO RING THE RESIDENT CLERK, WHOM WE HAVE ALERTED ABOUT YOUR POSSIBLE INTEREST. ASSUME, HOWEVER, THAT IF YOU DEFER BRIEFING EXCO, YOU WILL NOT REQUIRE THIS INFORMATION AS URGENTLY AS PREVIOUSLY ENVISAGED.

HURD

YYYY

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