TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 18

CONFIDENTIAL

deference to strong local public opinion in favour of the death penalty, it has remained on the statute book and

Hong Kong courts have continued to impose it for serious

cases such as murder. But in practice all such sentences

have been commuted by the Governor to terms varying between 8 years and life. The decision to commute is the Governor's

alone, but he takes ExCo's advice in each case on the length

of the prison term. In recognition of public opinion, sentences for murder have usually been long (eg 20 years).

4. This administrative arrangement has in the past been justified by the fact that Hong Kong did not have an elected

legislature through which local public opinion could be

incontrovertibly and democratically expressed. The views of the British Parliament therefore carried greater weight. But on 26 June this year there was a LegCo debate on capital punishment. It was triggered by a motion calling for the exercise of the death penalty to be resumed, in response to increased concern over criminal activity in the territory.

In the event, however, an amendment calling for the complete abolition of capital punishment, proposed by Martin Lee and

Martin Barrow, was carried 24 to 12 with 5 abstentions.

new, post-September LegCo, with its increased representation

of United Democrats, would almost certainly endorse that

June vote. Although they are not obliged to respond to such

a vote in LegCo, the Hong Kong Government immediately began a review of existing legislation with a view to amending it. The present proposals are the result.

The

5. We have no reason not to welcome the proposed changes.

The fact that Hong Kong legislation on this sensitive issue has been at odds with the repeatedly expressed view of the

British Parliament was never comfortable for us, and we were

frequently put under pressure on this point both in the

KAYAAT/2

CONFIDENTIAL