TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 21

CONFIDENTIAL

054607

MDLIAN 40

EMERGENCY' REGULATIONS.

3. AFTER THE PASSING OF THE LEGISLATION INTO LAW, IT WILL BE NECESSARY FOR THE EXECUTIVE COUNCIL TO CONSIDER THE QUESTION OF THE COMMUTATION OF THE THEN STANDING DEATH PENALTIES HANDED DOWN TO PRISONERS PRIOR TO THE ABOLITION OF THE DEATH PENALTY.

THE CASES OF ANY PRISONERS WHOSE TRIALS COMMENCE PRIOR TO, BUT CONCLUDE AFTER THE PASSAGE OF THE BILL INTO LAW WILL BE COVERED BY ARTICLE 12(1) OF THE BILL OF RIGHTS WHICH STATES THAT: ''IF, SUBSEQUENT TO THE COMMISSION OF (SQUARE BRACKET ON) AN (SQUARE BRACKET OFF) OFFENCE, PROVISION IS MADE BY LAW FOR THE IMPOSITION OF A LIGHTER PENALTY, THE OFFENDER SHALL BENEFIT THEREBY''.

5.

IT WILL BE NECESSARY IN DUE COURSE TO HAVE THE ROYAL INSTRUCTIONS APPLICABLE TO HONG KONG AMENDED TO REMOVE THE REFERENCE TO THE DEATH PENALTY. ONCE THE AMENDMENTS ARE PASSED INTO LAW AND ALL THE THEN STANDING DEATH SENTENCES HAVE BEEN COMMUTED, WE WILL ASK YOU TO MAKE THE NECESSARY ARRANGEMENTS.

6.

WE INTEND TO CONSULT EXCO IN JANUARY WITH A VIEW TO

INTRODUCING THE LEGISLATION INTO LEGCO IN EARLY MARCH. IF YOU HAVE ANY VIEWS ON THE ABOVE, GRATEFUL TO RECEIVE THEM BY 20 DECEMBER.

WILSON

YYYY

DISTRIBUTION

64

ΜΑΙΝ

60

.HONG KONG AGREEMENT

PLANNERS

.(RESTRICTED)

RAD

LIMITED

HKD

PUSO

HD/FED

NEWS D

ADDITIONAL

4

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

MS BARRETT LEGAL ADVISERS

PAGE

2

MISS BROOKS LEGAL ADVISERS CONFIDENTIAL MISS NEVILLE-JONES CAB Off

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