TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 78

Potential of the innocent to suffer

Like it or not, judicial error can and does take place. The fundamental lesson is that capital punishment leaves no room for mistake. I am not suggesting a lack of confidence in Hong Kong's Judiciary, but mistakes cannot be avoided. A 1987 study in the United States found that there were 349 wrongful convictions for capital crimes, In 139 of the cases, an innocent person was sentenced to death. In 116 of those cases, the mistake was revealed though only after years of waiting. That left 23 innocent people who were executed before the mistake was discovered.

Let us not forget either that in Hong Kong there is the possibility of juror misunderstanding due to language problems.

The aim of rehabilitation

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Sir, the first aim of punishment is to reform the criminal. One cannot reform a corpse. We should look at increasing our efforts towards rehabilitation. Let me quote a letter which I have recently received from a prison visitor in Hong Kong. "I have visited at least eleven people who were originally given the death sentence. know how much they can change, I know how good they can become if society would give them a chance and what a contribution they can make. Once a person committed a very serious crime really changes, they have much to contribute to society."

It should also be noted that in Chinese criminal law, there is a very major emphasis on rehabilitation and reform of criminals. This has long been a tradition in Chinese culture.

The death penalty : a false solution

The use of this extreme punishment is a false solution to problems caused by a variety of factors. It may deflect our intention or energy from the real issues of how to check or reverse the rise in crime.

Whilst the death penalty offers no real benefits, it unfortunately creates the impression that measures are being taken to reduce violent crime when in fact it is having no such effect; but this contradiction is infrequently voiced. The appeal of the death penalty lies only in its emotive influence and not in its alleged, but false, effectiveness.

Those genuinely concerned with reducing the crime rate should address the real factors which can achieve this, specifically an increase in the rate of detection. Thus, one should look at such things as motivating increased public co-operation, fostering public attitudes against criminal activity, and providing additional support for police recruitment, training and facilities.

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