While signatories of the International Human Rights Covenant are not required to have abolished the death penalty, Article 6 states that "every human being has inherent right to life" and Article 7 states that "no one should be subjected to cruel, inhuman or degrading treatment or punishment". Arguably the death penalty is incompatible with these provisions in the covenant, which only recognises the death penalty as a transient phenomenon.
Conclusion
In conclusion, Sir, it would be a retrograde step for Hong Kong to re-introduce the death penalty. In 1990, more countries abolished the death penalty than ever before - seven abolished the penalty for all crimes, and in an eighth, it was abolished for everything apart from treason. Three more countries are drafting legislation to abolish the death penalty in 1991 or 1992,
Crimes of violence are not new to Hong Kong and despite a recent increase in the incidence of armed robberies, Hong Kong is still a safe city and by international standards compares very favourably with others. We owe this to an effective and modern police force and an independent judiciary, both of which have matured and adapted to meet the challenges of our increasingly sophisticated society. It would be a great tragedy and an extremely poor reflection on Hong Kong if we were to abandon reason and resort to ancient and brutal methods to deal with criminals, especially when history has proven that state brutality neither deters nor reduces crime.
For many people it is tempting, in the heat of the moment, to resort to drastic or excessive measures to deal with a criminal problem which quite naturally causes concern and a public cry for action. Under trying conditions, our Police Force and Judiciary are dealing well with these difficult problems. They cannot, however, deal directly with the incentive to commit crime, and neither does the death penalty. This problem has its roots elsewhere in society. Violent crime must be seen as a long term problem which requires a more thoughtful and sophisticated 'approach than the hangman's noose or a bullet in the neck.
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Sir, capital punishment is not preventative logically, it is only applicable after a criminal is convicted, and, as it has been shown not to have a deterrent effect, the grounds for its implementation are fallacious to say the least.
The role of a mature and responsible Government under such circumstances is not to resort instantly to primitive solutions in a climate of anger and frustration, but its role is to show wisdom and leadership. At this crucial time in the development of Hong Kong, we cannot afford to take shortcuts and we certainly cannot afford to step backwards. It is our responsibility to distinguish emotion from rationalism, and to uphold principles and ideals which will serve the long-term interests of the people of Hong Kong.
As Mr Lee has said, some members may wish to take the easy way out vote against both his amendment and Mr Sit's original motion, thus preferring the status quo. Sir, that would have no logic. Either you believe in the death penalty or you do not. As Mr Lee has said, the effect of such action would be to vote against the death penalty for now but accept implementation in the future.
With these words, Sir, I support the amended motion.
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JOLUJO JIYA INI
OSTCOGO 700.0.
CI:CL TA 00207
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