TNAG-2485-FCO40-3616-Capital-punishment-in-Hong-Kong-1992 — Page 113

CONFIDENTIAL

нив 380

P.9. Cap tum D

150321

MDHOAN 7238

CONFIDENTIAL

FM FCO

TO IMMEDIATE PEKING

TELNO 6

OF 03093OZ JANUARY 92

не

INFO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

нив

all 91/H3 380/1

YOUR TELNO 261: CAPITAL PUNISHMENT IN HONG KONG

1. THANK YOU FOR THIS ADVICE. WE AGREE GENERALLY, BUT DO NOT ENTIRELY UNDERSTAND YOUR POINT THAT THE CHINESE WOULD BE UNCOMFORTABLE WITH A SITUATION WHERE THERE WERE DIFFERENT PENALTIES IN THE HKSAR AND THE MAINLAND FOR THE SAME OFFENCE. THE CHINESE MIGHT INDEED NOT LIKE IT, BUT SURELY IT WOULD NOT SQUARE WITH THE 'ONE COUNTRY, TWO SYSTEMS' POLICY FOR THEM TO INSIST ON PENALTIES BEING THE SAME? THE JOINT DECLARATION ALLOWS THE SAR TO ENJOY INDEPENDENT JUDICIAL POWER AND THAT HONG

KONG'S EXISITING JUDICIAL SYSTEM SHOULD BE INHERITED BY THE SAR. THERE ARE ALREADY CONSIDERABLE DIFFERENCES BETWEEN THE TWO

LEGAL SYSTEMS AND THE PENALTIES INFLICTED. FOR EXAMPLE, IN CHINA THE DEATH PENALTY IS GIVEN FOR ''ECONOMIC CRIMES.'

HURD

YYYY

ΜΑΙΝ

60

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

PUSD

HD/FED

NEWS D

ADDITIONAL

4

DISTRIBUTION

64

PLANNERS

RAD

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

SIR J COLES

MR BURNS

MS BARRETT LEGAL ADVISERS MISS BROOKS LEGAL ADVISERS

PAGE

MISS NEVILLE-JONES CAB OFFICE SiR P CRADOCK

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