TNAG-2284-FCO40-3285-Capital-punishment-in-Hong-Kong-1991 — Page 82

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MDHIAN 2218.

(C)

(D)

(E)

(F)

STATUTE BOOK AS THE PENALTY FOR MURDER, BUT IT HAS

NOT BEEN CARRIED OUT SINCE 1966:

A PERSON CONVICTED OF MURDER IN HONG KONG MUST BE SENTENCED TO DEATH. BUT A PERSON SO SENTENCED HAS A RIGHT TO HAVE HIS CASE REVIEWED BY THE GOVERNOR IN COUNCIL:

IN THE EVENT THAT THE GOVERNOR SHOULD DECLINE TO EXERCISE HIS RIGHT OF PARDON OR REPRIEVE, THEN THE PRISONER HAS THE RIGHT TO PETITION HM THE QUEEN FOR CLEMENCY. THE QUEEN, IN REACHING HER DECISION, ACTS UPON THE ADVICE OF THE APPROPRIATE UNITED KINGDOM MINISTER. IN RECENT YEARS, MINISTERS HAVE BEEN OF THE OPINION THAT THEY WOULD NOT BE SUPPORTED IN THE HOUSE OF COMMONS IF THEY WERE TO ADVISE THAT A DEATH SENTENCE SHOULD BE CARRIED OUT IN

HONG KONG:

AS A RESULT, ALL CAPITAL PUNISHMENT CASES HAVE BEEN COMMUTED SINCE NOVEMBER 1966. FURTHERMORE, WITH EFFECT FROM AUGUST 1986, IT HAS BEEN THE PRACTICE THAT ALL SUCH CASES WILL BE CONSIDERED FOR COMMUTATION AUTO- MATICALLY AFTER A SPECIFIED PERIOD EVEN IF THE CONDEMNED PRISONER DECLINES TO APPEAL OR TO PETITION THE GOVERNOR:

THUS, EVEN IF MEMBERS OF THE LEGISLATIVE COUNCIL VOTE IN FAVOUR OF THE MOTION TO RESUME CARRYING OUT THE DEATH PENALTY AND AS A RESULT THE GOVERNOR WERE TO DECLINE TO EXERCISE HIS RIGHT OF REPRIEVE WITH RESPECT TO ANY PRISONER THIS WOULD HAVE NO PRACTICAL EFFECT. THIS IS BECAUSE THE QUEEN WOULD EXERCISE HER PREROGATIVE OF CLEMENCY, GIVEN THE POSITION OF HMG ON THIS ISSUE.

5. IN REPLYING TO THE LIKELY AMENDMENT PROPOSING ABOLITION, WE WOULD DRAW ON THE ANSWER GIVEN BY THE CHIEF SECRETARY TO A LEGCO QUESTION FROM MR MCGREGOR ON 15 MARCH 1989, ALONG THE FOLLOWING LINES:

''WE ARE AWARE THROUGH THE FEEDBACK FROM AN EXTENSIVE COMMUNITY LIAISON NETWORK AND THROUGH REFLECTIONS IN THE MEDIA, OF THE WISH OF THE MAJORITY OF OUR LOCAL COMMUNITY TO RETAIN THE DEATH SENTENCE AS A PENALTY FOR MURDER. ON EVERY OCCASION THAT A DEATH SENTENCE IS REVIEWED, SOUNDINGS ARE TAKEN IN THE DISTRICT WHERE THE CONVICTED

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