TNAG-2285-FCO40-3286-Cooperation-between-Hong-Kong-and-China-on-criminal-matters-1991 — Page 49

CODE 18-77

Mr Stone

HKD

CONFIDENTIAL

Reference LSXABE

Pa

(18)

HKB 380/3.

HONG KONG: COOPERATION WITH CHINA ON CONSTITUTIONAL MATTERS

1. I should be reluctant to see your draft submission (under cover of your minute of 28 August) on cooperation with China on Criminal Matters go forward without due weight being given to certain human rights factors.

2.

The proposed scheme could give the appearance of endorsing the Chinese legal process, about which we have serious reservations, for example with regard to due process, proportionality between crime and sentence and the continued use of quotas for death sentences. We could end up in the anomalous situation of contemplating a demarche to the Chinese about the quality of a conviction where the main, or even sole source of evidence had been provided by the Hong Kong Government. Although the UK may not be in breach of Article 2 of the International Covenant of Civil and Political Rights (ICCPR), it is unlikely that NGOs, MPs or the media would pay much attention to the nicety that the UK is not in breach of its international legal obligations because the defendents were not within its jurisdiction; they would focus on the degree of practical involvement in the convictions.

3.

The legislative Council voted in favour of the abolition of the death penalty in Hong Kong, and it would be politically questionable to contribute, through other means, to cases where the death penalty may be exacted on those comitting (non-capital) offences in Hong Kong. I would therefore wish to see greater efforts to obtain assurances from the Chinese authorities that the death penalty will not be carried out on individuals convicted using evidence provided by HMG.

CONFIDENTIAL

/4.