TNAG-2084-FCO40-2969-Death-penalty-in-Hong-Kong-1990 — Page 71

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Miss Marsom

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Ms Sachsen %

R14

CONFIDENTIAL

IELT

FROM: DATE:

MR BEAMISH

MR MCLAREN

CC:

PS/MR LENNOX-BOYD

PS

A

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нив 380/

*790

RS GORHAM, WIAD 7 SEPTEMBER 1990

PS/MR GAREL-JONES PS/LORD CAITHNESS

MR LIDINGTON

MR FRASER

SIR A WATTS

THIS

HKD

UND

COPY

FOR

LEGAL ADVISERS

POLICY PLANNING DEPT PRU

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

(30

Following my submission of 23 July, it was agreed at the Secretary of State's meeting on 30 July, that a minute should be prepared from the Secretary of State to the Lord President of the Council, the Home Secretary and the Chief Whip, to alert them to our proposed course of action to abolish. I submit a draft on which I have consulted the Home Office's Criminal Policy Department. The draft which reflects their comments, has been cleared by Legal Advisers. Hong Kong Department agree.

2.

-

Since our meeting, Bermuda's referendum on capital punishment has taken place. The result (4:1 majority in favour of retention) is a slight setback to

slight setback to our plans but by no means a catastrophe. Given the low turnout (32.6%), the result reflects public apathy, and the Bermuda government may not necessarily feel that its hands are now tied.

3. Legal Advisers are putting in hand preparation of the draft Orders to aim at the next (regular) meeting of the Privy Council in late October. Once a ministerial decision has been made, the department will instruct Governors to consult their LegCos which although not legally necessary would be both a courtesy and politically advisable.

Robin Garban

R S GORHAM

CONFIDENTIAL