TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 164

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From: K A M Saunders

Date: 8 January 1991

Legal Advisers Mr Fifoot,

Legal Advisers

Mr Chamberlain,

Mr Gorham, WIAD

P.9.

scart penalty

CAPITAL PUNISHMENT IN DEPENDENT TERRITORIES: HONG KONG

1.

Thank you for sending me a copy of your draft minute from Mr Lennox-Boyd to the Secretary of State. There is a slight problem, I think, from Hong Kong's point of view, with the question and answer at para 4.

2.

As presently drafted, the phrase "in some of the dependent territories" (the last line of the Question) appears to apply to Hong Kong just as much as to the Caribbean DTs. This means that the answer: "We therefore look to those territories which retain capital punishment to introduce their own legislation to abolish the death penalty for murder" must also apply to Hong Kong. This will look as if we are pressuring Hong Kong to introduce legislation, which we would not wish to do.

However, if the Answer could have an additional phrase inserted, the problem would, I think, be resolved. I propose the following:-

3.

"The British Government expects the dependent territories which elect to remain under the British Crown to uphold the same standards of good government... etc". This would make clear, without mentioning Hong Kong by name, that the answer does not apply to Hong Kong.

I would then suggest deleting the word 'similar' from line 3 of para 5.

4.

K. Saunders

KAM Saunders

Hong Kong Department

WH311

270 3544

HUGABQ VAS

CONFIDENTIAL