TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 76

MOTION DEBATE ON THE DEATH PENALTY

26 JUNE 1991

SPEECH BY MARTIN BARROW

sir,

The community is right to be concerned about law and order. But as Legislators, we have a wider responsibility; a responsibility to explain the issues to the Hong Kong community and to ensure that the debate is not clouded by emotion. Transparently, calls for the death penalty appeal to popular sentiment : it is no surprise that it should be raised by those who seek favour with the electorate. sir,

I believe that this is a classic example of where, as Legislators, we have a duty to lead.

Lack of evidence of deterrent effect

Some of the arguments have already been well rehearsed this afternoon by Mr Martin Lee and other members. Let me repeat that there is no evidence that the death penalty deters in any society, including the Mainland or in Taiwan. In the latter, murder rates have continued to rise despite its increased use. The onus should be on the proponents to prove that it really does work as a deterrent.

Some have deduced from the lower crime rates in the earlier years that the deterrent effect is proven. However, such a correlation is fallacious.

Crime rates in every society have increased with or without the death penalty. Look at the dramatic changes in Hong Kong. Our society was

a smaller, simpler one in 1960s. Today, we have a population of 6 million against only 3 million 30 years ago.

The Liberal Democratic Federation's recent letter to OMELCO members argued that the solution lies in deterrence: "we must send a strong signal to criminals in Hong Kong and in Southern China that they will not be allowed to get off lightly." I agree. But that does not explain why the LDF advocates resuming executions without evidence of a deterrent effect. Such an argument is fraught with danger. It can lead to the "execute one or two in order to set an example to others" philosophy.

It is the under-

Leaders of organised crime rarely get caught. privileged, the underdog, who would suffer the ultimate punishment. If leaders do get caught, they tend to be rich and powerful enough to command the best legal advice and get off.

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