TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 123

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CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 551

OF 21115OZ FEBRUARY 91

CONFIDENTIAL

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MDHIAN 4756

MAB 300/1

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PERSONAL FOR PAUL, HKD FROM GOVERNOR

YOUR TELNO 348 : CAPITAL PUNISHMENT

generally

1. I AM (GREATLY CONTENT WITH THE LINE TO TAKE IN PARAGRAPHS 2-3 OF TUR, SUBJECT TO THE FOLLOWING POINTS :

(A) TO SAY THAT CAPITAL PUNISHMENT HAS BEEN ABOLISHED DE FACTO WOULD NOT BE WELL RECEIVED IN HONG KONG. I WOULD PREFER YOUR FIRST ANSWER TO START - ''IN HONG KONG SINCE 1966 THE GOVERNOR HAS COMMUTED EVERY DEATH SENTENCE TO A TERM OF IMPRISONMENT''.

(B) TO SAY THAT THE QUESTION OF THE DEATH PENALTY FALLS WITHIN THE HKG'S AUTONOMY WOULD SEEM ODD HERE, GIVEN THAT IT IS WIDELY KNOWN THAT THE CURRENT SITUATION IS IN EFFECT IMPOSED BY OPINION IN PARLIAMENT AND THAT HMG IS PROPOSING TO IMPOSE ABOLITION ON THE CARIBBEAN TERRITORIES. I WOULD SUGGEST THAT THE LAST PARAGRAPH OF YOUR SECOND ANSWER SHOULD READ ''THIS IS A MATTER WHICH IS FOR HONG KONG TO DECIDE''.

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(C) TO SUGGEST THAT THE SARG MIGHT BE INFLUENCED BY PREVIOUS PRACTICE COULD IRRITATE THE CHINESE. IT WOULD SURELY BE SUFFICIENT IN THE LAST ANSWER TO SAY FOR THE SARG''.

WILSON

''THAT WOULD BE A MATTER

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MR MCLAREN

MR BURNS

MS BARRETT, LEGAL ADVISERS

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CONFIDENTIAL