TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 145

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

FROM THE SECRETARY OF STATE

TO THE LORD PRESIDENT

CAPITAL PUNISHMENT IN THE DEPENDENT TERRITORIES

1.

2.

We meet to discuss this question on 14 February.

My minute of 13 December gives the background. In commenting on that minute, you and other colleagues raised a number of points. It may help if I respond to those and explain why I still believe that proceeding by Order in Council is the right way to tackle this problem.

3. I accept the points you made in your 17 December letter

(echoed by Kenneth Baker in his letter of the same date) about timing and the need to allow for proper consultation. I am, of course, very happy to do this. There would be no risk of exposing The Queen to criticism on the grounds that

we had bulldozed legislation through. But I would not want

too long a gap between announcement and enactment, which would prolong discussion with the local governments to no

great purpose. I am quite clear that, in the last analysis, we are fully entitled to use legislation in Britain to settle this question.

4. I have considered David Waddington's comments very

carefully (his minute of 14 December). I have to say I am

not convinced by his argument that the results of a free

vote in the House of Commons cannot be justification for

abolishing capital punishment in the Dependent Territories.

What we are trying to do is to bring DTs' law into line with

UK law; and the legal position in the UK has recently been reaffirmed by a 2:1 majority. But we shall discuss this

further at our meeting.

RM3AWZ/1

CONFIDENTIAL

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